Reproductive Solutions (RSI) is for people with sperm who want to learn more about their personal health. RSI tests are exclusively intended to be used for wellness purposes. While the tests we offer provide detailed results, they cannot provide a diagnosis and are not intended to replace the advice of your physician. RSI cannot provide you with medical advice or diagnose you with any disease or condition. Our tests are available anywhere in the United States. We currently are unable to provide tests for international clients.

RSI Technology Group, LLC

Terms And Conditions

BY CLICKING “I AGREE,” checking a related box to signify your acceptance, using any other ACCEPTANCE protocol presented through the service (AS DEFINED BELOW) or otherwise affirmatively accepting these Terms and Conditions, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY this agreement. IF YOU DO NOT AGREE TO THESE TERMS and conditions, DO NOT create an account or USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON or otherwise indicates acceptance to these Terms and Conditions ON YOUR BEHALF.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE PROVIDERS OR FERTILITY SPECIALISTS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

RSI Technology Group, LLC (“RSI,” “we,” or “us”) owns and operates the websites located at www.rsifertility.com and may operate an “RSI” mobile application (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by RSI, including any lab testing, and any affiliated website, software or application owned or operated by RSI, including our blog or public forums (collectively, including the Platform and the Content, the “Service”) are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).

Please read this Agreement carefully because it sets forth the important terms you will need to know about the Service. In this Agreement, the terms “you” and “yours” refer to the person using the Service.

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.

THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN.

Acceptance of Terms and Conditions

Your access to and use of the Service is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service at our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.

Your Relationship with Us

We are a technology company that makes available to individuals who register as users of the Service (“Users”) certain products and services sold or offered by RSI or by third-party fertility specialists or other vendors. Our Service provides access to laboratory testing and other healthcare services providers through the Platform (“Providers”). Our Service may also provide access to certain other professionals, including, but not limited to various fertility practitioners (“Fertility Specialists”). By accepting this Agreement, you acknowledge and agree that any services you receive from Providers and Fertility Specialists through the Platform are also subject to this Agreement, and that Providers and Fertility Specialists are third-party beneficiaries of this Agreement.

We do not control or interfere with the practice of medicine by the Providers or the practice of any other professional services by the Fertility Specialists, each of whom is solely responsible for professional services rendered to you. RSI makes no representations or warranties about the suitability, reliability, timeliness or accuracy of the medical care and treatment provided by any Providers or professional services rendered by Fertility Specialists. By accepting this Agreement, you acknowledge and agree that RSI is not a healthcare provider or provider of any other professional service, and that by using the Service, you are not entering into a doctor-patient, therapist-patient or other provider-patient relationship with RSI. By using the Service, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with one or more Providers.

By accepting this Agreement, you acknowledge and agree that the Providers and Fertility Specialists may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither RSI nor any Provider or Fertility Specialist will be responsible in any way and you will not hold RSI, any Provider or any Fertility Specialist liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Provider(s) or Fertility Specialist(s).

While you are not establishing a doctor-patient or other health care provider-patient relationship with RSI, by using the Service, you are establishing a direct customer relationship with RSI to use the Platform and to purchase laboratory testing services sold directly to you by RSI through the Platform. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy. Please refer to the “Privacy Policy” section and the “Protected Information” section below for additional information.

Laboratory Test Orders

We offer consumers the opportunity to initiate a request for a laboratory test through the Platform. By using the Services, you agree that you will only submit your own semen specimen for testing. In some jurisdictions, the lab testing services available through the Platform require a valid order by a licensed healthcare provider. You will not be able to obtain the test unless the Provider has determined lab test is appropriate for you and the Provider has submitted an order. If a Provider determines a lab testing service is appropriate for you, we will process the order through the Platform. If the Provider determines that the test is not appropriate for you, the Provider will notify us, and we will contact you and provide a refund.

Before submitting your sample, please read the instructions provided with the Semen Collection Test carefully. Your failure to follow the instructions will result in incorrect or unrenderable results. We will not give you a refund if the incorrect or unrenderable results were due to your failure to follow the instructions. Your sample, once submitted to and analyzed by us, is processed in an irreversible manner and cannot be returned to you.

Laboratory Test Results

After your sample is processed and tested, we will send your test results to the Provider for review. The Provider will release the results to us, which we will deliver to you through the Platform. You agree that you are affirmatively requesting that we provide your results through the Platform. In order to receive your results, you must register your Semen Collection Test and specify the time at which you generated your sample. In the event you have been introduced to the test by a healthcare provider and have indicated this through an associated referral code or provided physician name, clinic affiliation and email, when registering the test or directly purchasing the Semen Collection Test, we may additionally provide your results directly to the healthcare provider.

Our Service presents several risks, all of which you acknowledge and agree to assume by accepting this Agreement. Once you obtain your test results, the knowledge is irrevocable. The results may provide unexpected or unwanted information about your fertility. You should not assume that any information we may be able to provide to you will be welcome or positive. Your fertility levels can change over time, and you should take the test at least three separate times before making any major decisions, in accordance with the World Health Organization recommended protocol. The only absolute indicator of fertility is achieving pregnancy. You should not change your behavior solely in accordance with your RSI test results. We are not responsible for any pregnancies, intended or unintended, that occur based on decisions you make after receiving your test results.

You acknowledge and understand that, in some cases, we will not be able to process your sample. You will not be refunded if we cannot process your sample. If we are able to process your sample, we will make every effort to ensure that the lab test results are accurate. It is possible that you will receive an inaccurate result or a result that differs from the results you receive elsewhere.

You understand that the test is not a clear diagnosis of infertility, and the Service DOES NOT CONSTITUTE MEDICAL ADVICE. You should make all reproductive health decisions with a medical professional. We do not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. Our Service does not replace the advice of a medical professional, and you are advised to seek professional advice in connection with our Service. You should not change your health behavior solely on the basis of the information you receive from us.

Limited Use and Availability

Our Service is currently only available to individuals who are located in states in which we offer the Service. Our testing is not available to individuals under the age of thirteen (13). Individuals seeking to use the Service who are between the ages of thirteen (13) up to the age of majority in their state of residence must do so with the consent of their parent, guardian, or another authorized representative. To receive the Service, the individual or their parent, guardian, or authorized representative must accept this Agreement. If you are accepting this Agreement as a parent, guardian, or authorized representative, you represent that information provided to us is provided by you. By agreeing to these Terms and Conditions, you represent that you are at least eighteen (18) years of age or older, or at least the age of majority in your jurisdiction of residence, if higher than eighteen (18). By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) agreeing to comply with all applicable laws in visiting, accessing, registering with or using the Service, and (c) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state and federal regulations and may change from time to time due to changes in applicable regulatory requirements. Our Service is billed on an annual basis and there will not be pro-rated refunds issued for cancellation of the Service during the middle of the payment cycle.

The Service is structured for use specific to certain health care services and is not and should not be considered or used as comprehensive medical advice or treatment. In some cases, the Service may not be the most appropriate way for you to provide information to communicate with or seek medical care and treatment from a provider. For example, certain medical conditions may require an in-person procedure with a healthcare provider other than your Provider or an in-person consultation with a Fertility Specialist, or your Provider or Fertility Specialist may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification that you will be unable to use the Service for the particular issue you submitted, and the Provider or Fertility Specialist may provide you with additional information regarding next steps.

Duty to Provide Information, Access, and Connectivity

You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Service) to enable use of the Service, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Service. You may be asked by us or a Fertility Specialist to provide information for the purpose of provision of the Service to you. You may elect to withhold requested information; however, if you do so, you may be precluded from using the Service. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Service at any time without prior notice.

Privacy Policy

RSI understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information.

Protected Health Information

When you set up an account with RSI, you are creating a direct customer relationship with RSI that enables you to access and/or utilize the various functions of the Service as a User. As part of that relationship, you provide information to RSI, including but not limited to your name, email address shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.

However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. RSI is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Providers or Fertility Specialists may or may not be a “covered entity” or “business associate” under HIPAA, and RSI may in some cases be a “business associate” of a Provider or Fertility Specialist. It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with RSI, the Providers or the Fertility Specialists. To the extent RSI is deemed a “business associate” however, and solely in its role as a business associate, RSI, may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Providers or Fertility Specialists (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

By using the Service, you are agreeing that even if HIPAA does apply to RSI, the Providers or the Fertility Specialists, any information that you submit to RSI that is not intended and used solely for the provision of diagnosis and treatment by Providers or Fertility Specialists, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

Registration; User Accounts, Passwords, and Security

You are obligated to register and set up an account in the Platform in order to access the Service, and the Service is available only to Users who have registered. You agree to accurately maintain and update any information about yourself that you have provided to RSI, its Providers or the Fertility Specialists. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify RSI of any unauthorized use account or any other breach of security that you become aware of involving or relating to the Service by emailing our support desk at support@reproductive.solutions. In addition, you agree to keep confidential your account information and to exit from your User account at the end of each session. RSI explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.

When establishing an account, you are not required to create a username and password to access this page which is dedicated entirely to you. To keep your personalized information completely secure, you will authenticate each time you access the site using a one-time code sent to your phone or email.

To help protect the privacy of data you transmit through the Service, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that the Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Service and information about you, including medical information, contained in the Service. It is your responsibility to affirmatively logout from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password. You are responsible for promptly changing your password if you believe that it has been compromised.

You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. RSI may investigate any alleged or suspected violations and if a criminal violation is suspected, RSI may cooperate with law enforcement agencies in their investigations.

User Content, Communication and Forums

You are responsible for all content that you post, upload, store, transmit, or otherwise provide through the Service (“User Content”). “Public Forum” means a chat area, bulletin board, weblog, blog, posting or email function that may be offered as part of the Service.

The Service may now or in the future permit the means of submission, hosting, sharing, and/or publishing of content by user. Information, views and opinions expressed in such public forums are the views of the person posting the message, do not necessarily reflect our view and are not endorsed, supported, encouraged, sanctioned, verified or agreed upon by RSI including, but not limited to any so-called “expert”, “moderator”, “blog-editor” or other individual functioning in a similar capacity. We reserve the right to remove or edit any content that we believe may be offensive to our audience and/or which violates our family-oriented standards. Please be advised that because content may be posted in real-time, these materials may not always be able to be removed or edited in a timely fashion. Please remember that any content that you post, upload, store, transmit, or otherwise provide may be available to other users, and can be collected and used by anyone with access to the public forums. Please carefully consider before you post any sensitive personal or health information on any such public forms.

We are not responsible for any unsolicited email you may receive as a result of participating in any public forum. We reserve the right to terminate your ability to participate or access any of our public forums for any reason and without notice.

Use and Ownership of the Service

The Service and the information and Content available through the Service are protected by copyright laws throughout the world. Subject to this Agreement, RSI grants you a limited, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified by RSI in a separate license, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by RSI. You agree that RSI and its suppliers own all rights, title and interest in the Service (including but not limited to, any computer code, social media posts, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, illustrations, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. RSI’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of RSI and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.

License to Information Submitted via the Service

Subject to any limitations on PHI described below, any information you transmit to RSI via the Service, whether by direct entry, submission, email or otherwise, including data, questions, comments, blog posts, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant RSI a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) for the purposes of operating and providing the Service to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not RSI, are responsible for all of Submissions that you provide to the Service. In addition to the foregoing, RSI shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that RSI deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.

If a Submission you make contains Protected Information, RSI’s rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.

Prohibited Use

Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by RSI to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by RSI, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or any component of the test in connection with the Service, or (viii) for any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Service, you agree you will not:

upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity;
create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any RSI representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another;
delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
attempt to restrict any person from using or enjoying the Service, nor encourage or facilitate violations of these Terms and Conditions or any other RSI terms;
upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise;
violate any applicable local, state, national or international law;
upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
delete or revise any material posted by any other person or entity;
manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology;
probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems;
register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
harvest or otherwise collect information about others, including email addresses;
use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or
assist or permit any person in engaging in any of these activities.

RSI reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. RSI may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be provided in the Privacy Policy or prohibited by applicable law, RSI reserves the right at all times to disclose any information as RSI deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RSI’s sole discretion.

Right to Monitor

RSI reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in RSI’s sole discretion, may be illegal, may subject RSI to liability, may violate this Agreement, or are, in the sole discretion of RSI, inconsistent with RSI’s purpose for the Service.

Third-Party Goods and Services

Parties other than RSI, including Providers and Fertility Specialists (collectively, “Third-Parties”) provide services or sell products through the Service, and RSI may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (collectively, “Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.

You agree that RSI shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Platform, any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that RSI is under no obligation to become involved in such dispute, and you hereby release and indemnify RSI, its affiliates and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “RSI Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

Certain of RSI’s shareholders, directors, officers, employees, contractors or agents (collectively, “RSI Owners and Personnel”) may have a financial interest in one or more Third-Parties, and may profit from your use of the Third-Parties and/or the sale of Third-Party Goods and Services to you.

Terms of Sale

All products offered for sale by RSI are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed.

We may offer reductions or discounts or other promotions for products (“Discounts”). The terms and expirations of any Discounts shall be those specified with the particular discount or promotion. You may take advantage of any such Discounts through the ‘Discount’ field during checkout. Your use of any such Discount shall be not form part of any contract between us. Discounts have no cash redemption value. We reserve the right to vary or discontinue the Discounts at any time and without prior notice.

You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant RSI without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.

All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by RSI’s third-party online payment processing vendor. Additional information about RSI’s third-party online payment processing vendor can be provided by contacting RSI. Reference is made to the third -party policies for informational purposes only and are in no way incorporated into or made a part of this Privacy Policy. RSI’s relationship with the third-party payment vendor, if any, is merely contractual in nature, as the vendor is nothing more than a third-party vendor to RSI, and is in no way subject to RSI’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

We reserve the right to remedy User issues and concerns on a case by case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.

Termination

RSI may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Providers or Fertility Specialists terminate or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with RSI. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all RSI Parties harmless from any and all liability that any such RSI Parties may incur with respect thereto.

Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Service, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information that we may have that relates to you.

Disclaimers

Content and other information contained on the Service is provided by RSI as a convenience. Users relying on Content or other information from the Service do so at their own risk.

THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THE RSI PARTIES AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE PROVIDERS AND THE FERTILITY SPECIALISTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. RSI DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. RSI DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.

BY ACCESSING OR USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RSI PARTIES OR ANY THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE PROVIDERS AND THE FERTILITY SPECIALISTS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED BY THE PROVIDER(S) AND FERTILITY SPECIALISTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RSI PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE PRICE PAID FOR THE PRODUCT OR SERVICE.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold the RSI Parties and any third-party offering products or services through the Service, including the Providers and Fertility Specialists, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of these Terms and Conditions or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

Notices

Any notices to you from RSI regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, in the sole discretion of RSI.

Electronic Communications

When you access or use the Service or send emails to us, the Providers or Fertility Specialists, you are communicating with us, the Providers and Fertility Specialists electronically. You consent to receive communications from us, the Providers and Fertility Specialists electronically. We will communicate with you via email or through the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.

Copyright

It is RSI’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to RSI by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide RSI with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Service of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for RSI’ for notice of claims of copyright infringement is as follows: support@reproductive.solutions.

Entire Agreement

This Agreement and any other agreements RSI may post on the Service or that you and RSI may execute from to time constitute the entire agreement between RSI and you in connection with your use of the Service and supersede any prior agreements between RSI and you regarding use of the Service, including prior versions of this Agreement.

Binding Arbitration / Class Waiver

YOU EXPRESSLY AGREES THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND RSI OR YOU AND ANY OF THE RSI PARTIES OR ANY PROVIDER OR FERTILITY SPECIALISTS ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO RSI, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER RSI GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case RSI will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. RSI also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration shall be conducted in Dallas County, Texas. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.

Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and RSI agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court inDallas County , Texas, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.

ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Dallas County, Texas, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Dallas County, Texas for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.

You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with RSI. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with RSI to: RSI Technology Group, LLC, 2601 Network Blvd. #202, Frisco, Texas 75034.

Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to RSI Technology Group, LLC, 2601 Network Blvd. #202, Frisco, Texas 75034.

If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at RSI Technology Group, LLC, 2601 Network Blvd., Frisco, Texas 75034, ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.

Governing Law; Venue; Severability of Provisions

This Service is controlled and operated by RSI from our offices within Texas. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.

The validity, interpretation, construction and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of California, without regard to any conflicts of law provisions.

All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

No Agency Relationship

Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and RSI, the Providers or the Fertility Specialists. You may not enter into any contract on our behalf or bind us in any way.

Assignment

You may not assign any of your rights under this Agreement, and any such attempt will be null and void. RSI may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of RSI or to another third party in the event that some or all of the business of RSI is transferred to such other third party by way of merger, sale of its assets or otherwise.

Third Party Beneficiaries

Any use of third party software provided in connection with the Service, or any third party product or service accessed or used in connection with the Service, will be governed by the applicable third party’s license or terms of use, and not by this Agreement. In addition to this Agreement, your use of the Service must comply with all applicable third party terms of agreement.

Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of the RSI Parties, the Providers, and Fertility Specialists and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, including the Providers or Fertility Specialists, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.

Contacting Us

If you have any questions or concerns about this Agreement, please contact us by email at support@reproductive.solutions. We will attempt to respond to your questions or concerns promptly after we receive them.

Last Updated: December 7, 2024

Order details that would be placed on the RSI platform, order site and RSI website and 3rd party Partners

This product is available in all 50 states except New York, Hawaii, and Alaska.
Planning for your Semen Collection Test: You will need to abstain from ejaculating for 48 hours (but no more than 5 days) before generating your sample for your RSI test. You can also only do your test Monday-Thursday morning.
Once you receive your Semen Collection Test, follow the directions to provide your sample and send your test back to our lab for analysis. You’ll get your results emailed to you within 24 hours of your test receipt.
Intended for sale and use in the US only. The[DP1] resale of our Semen Collection Tests is prohibited, and RSI can only guarantee services and provide support for Semen Collection Tests purchased directly through our website.

Privacy Policy

Introduction

RSI Technology Group, LLC. (“RSI,” “we,” or “us”) owns and operates the websites located at www.rsifertility.com (the “Websites”) and may have previously, now or in the future own and/or operate a mobile application (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by RSI, and any affiliated website, software or application owned or operated by RSI, including our blog or public forums (collectively, including the Platform and the Content, the “Service”) are subject to this Privacy Policy unless specifically stated otherwise. Capitalized terms not otherwise defined in this Privacy Policy have the same meaning as set forth in the RSI Terms and Conditions (“Terms and Conditions”).

We are committed to respecting the privacy of users of the Service. We created this Privacy Policy (“Privacy Policy”) to tell you how RSI collects, uses and discloses information in order to provide you with the Service.

As with our Terms and Conditions, by creating, registering, or logging into an account through the Service, or otherwise accessing or using the Service, you are automatically accepting and acknowledging the most recent version of this Privacy Policy. If we make any changes to our Privacy Policy, we will post the revised Privacy Policy and update the “Last Revised” date of the Privacy Policy.

If you are using the Service on behalf of an individual other than yourself, you represent that you are authorized by such individual to act on such individual’s behalf and that such individual acknowledges the practices and policies outlined in this Privacy Policy.

No Use by Minors Permitted

Our Service is intended for use by individuals who are at least 18 years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual utilizes the Service. The Service is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age, let alone thirteen (13) years of age. If we obtain actual knowledge that we have collected personal information through the Platform from a person under thirteen (13) years of age, we will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that we remove content or information about you that is posted on the Platform. Please submit any such request (“Request for Removal of Minor Information”) to either of the following:

By mail: RSI Technology Group, LLC, 2601 Network Blvd., Suite 202, Frisco, Texas 75034, with a subject line of “Removal of Minor Information. If you send by mail, please send by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking.
By email: support@reproductive.solutions, with a subject line of “Removal of Minor Information”

For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the email or letter subject line, and clearly state the following in the body of the request:

The nature of your request
The identity of the content or information to be removed
The location of the content or information on the Platform (e.g. by providing the URL)
That the request is related to the “Removal of Minor Information”
Your name, street address, city, state, zip code and email address, and whether you prefer to receive a response to your request by mail or email.

We will not accept any Request for Removal of Minor Information via telephone or facsimile. RSI is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled or incorrectly sent.

Please note that we are not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule or regulation requires RSI to maintain the content or information; when the content or information is stored on or posted to the Platform by a third party other than you (including any content or information posted by you that was stored, republished or reposted by the third party); when RSI anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

The foregoing is a description of RSI’s voluntary practices concerning the collection of personal information through the Service from certain minors, and is not intended to be an admission that RSI is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), California Consumer Privacy Act, or any similar international, federal, state, or local laws, rules, or regulations.

Protected Health Information

When you set up an account with RSI, you are creating a direct customer relationship with RSI that enables you to access and/or utilize the various functions of the Platform and the Service as a user. As part of that relationship, you provide information to RSI, including but not limited to, your name, email address, shipping address and phone number, that we do not consider to be “protected health information” or “medical information”.

However, in using certain components of the Service, you may also provide certain protected health or medical information that may be protected under applicable laws. RSI is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Providers or Fertility Specialists (as defined in our Terms and Conditions may or may not be a “covered entity” or “business associate” under HIPAA, and RSI may in some cases be a “business associate” of a Provider. It is important to note that HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with RSI or the Providers. To the extent RSI is deemed a “business associate” however, and solely in its role as a business associate, RSI may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Providers (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI,“Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under this Privacy Policy. Protected Information does not include information that has been de-identified in accordance with applicable laws.

By accessing or using any part of the Service, you are agreeing that even if HIPAA does apply to RSI, the Providers or the Fertility Specialists, any information that you submit to RSI that is not intended and used solely for the provision of diagnosis and treatment by Providers or the Fertility Specialists, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

Collection of Information

We collect any information you provide when you use the Service, including, but not limited to:

Personally identifying information such as your name and contact data such as your e-mail address, phone number, and billing and physical addresses
Your login and other account (“Account”) registration details
Demographic data (such as your gender, date of birth and zip code)
Computer, mobile device and/or browser information (e.g., IP address, mobile device ID information, operating system, connection speed, bandwidth, browser type, referring/exist web pages, web page requests, cookie information, hardware attributes, software attributes)
Third-party website, network, platform, server and/or application information (e.g., Facebook, Twitter, Instagram)
Usage activity concerning your interactions with the Service and/or third-party websites, networks or applications accessed through the Service (e.g., viewing habits, viewing preferences, viewing history, number of clicks on a page or feature, amount of time spent on a page or feature, identify of third party websites, networks, etc.)
The results from your sample, including any information gleaned from the analysis of the specimen
Billing, payment and shipping information
Electronic signature
Photographic or video images submitted for identification or non-diagnosis or treatment purposes
Information about third parties that you refer to us (e.g., name, email, and/or other contact information, relationship)
Statements or content (e.g., comments, videos, photographs, images) and information about such statements or content, which you submit or publish on or through the Service or which are accessed via your public or linked social media pages (e.g., Facebook, Twitter, Instagram)
Any other information you provide when you contact or communicate with us

If you use your mobile device to visit, access or use the Service, then additional categories of information that we collect may include:

Your name associated with your mobile device
Your telephone number associated with your mobile device
Your geolocation
Your mobile device ID information
With your express consent, your contacts and/or contact information (e.g., names, telephone numbers, physical addresses, email addresses, photos) stored on your mobile device
With your express consent, information about third-party software applications on your mobile device (including, without limitation, general software apps, downloadable software apps, social media apps)

We also collect certain medical information on behalf of the Providers and Fertility Specialists, which may include, but is not limited to:

Health and medical data you submit for diagnosis or treatment purposes, including information in any questionnaires or surveys you complete for these purposes
Previous doctors or other healthcare providers you visited
Date of visit
Images or videos you share for diagnosis or treatment purposes
Communications with Providers and Fertility Specialists

How Information Is Collected

RSI might collect personal and non-personal information directly from you when you visit, access or use the Service; when you register with or subscribe to the Service or any products or services available through the Service; when you “sign in,” “log in,” or the like to the Service; when you allow the Service to access, upload, download, import or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access or use the Service) or online accounts with third-party websites, networks, platforms, servers or applications (e.g., your online social media accounts, your cloud drives and servers, your mobile device service provider); or whenever RSI asks you for such information, such as, for example, when you process a payment through the Service, or when you answer an online survey or questionnaire. In addition, if you or a third party sends RSI a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you or your activities on or through the Platform, then RSI may collect any personal or non-personal information provided therein or therewith.

In addition to the information we collect directly from you, we may also collect certain information from the Providers or Fertility Specialists who provide treatment or other services to you in connection with our Service. This information may include, but is not limited to, diagnoses, treatment plans (including prescription details) and notes, and is accessible and visible through certain components of the Service.

We may also receive information from third parties provide you with treatment, or laboratory care, which may include, for example, your prescription history, insurance policy, insurance eligibility and coverage, and laboratory test results.

Finally, RSI might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:

Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity, and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device. Cookies can be set by the website owner (i.e., us), or they can be set by third parties (e.g., Facebook, Google, etc.) Cookies are used to help us speed up your future activities or to improve your experience by remembering the information that you have already provided to us. Third party cookies may also be used to enable analytics (e.g. Google Analytics) or advertising functionality (e.g., ad re-targeting on third-party websites) that enables more customized services and advertising by tracking your interaction with our Service and collecting information about how you use the Service.
Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device. Flash cookies are not managed by the same browser settings that are used for regular cookies.
Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies may prevent some web beacons from tracking or recording certain information about your activities.
Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Platform, and deactivated or deleted when the user disconnects from the website.
Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking. Examples of the analytic tools and services which RSI might use include Google Analytics and Taplytics. RSI may also use other third-party analytic tools and services.

Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the Platform might not function properly.

By visiting, accessing or using the Service, you acknowledge and agree in each instance that you are giving RSI permission to monitor or otherwise track your activities on the Service, and that RSI may use the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies. Notwithstanding the foregoing, RSI does not permit third parties or third-party cookies to access to any communications you have with the Providers, or medical information that you submit to the Providers for diagnosis and treatment purposes.

Use of Information

In connection with providing the Service, we and our affiliates and service providers may use your information, subject to the limitations addressed in the Protected Health Information Section above, for a number of purposes, including, but not limited to:

Verifying your identity;
Confirming your location;
Administering your Account;
Fulfilling your requests;
Processing your payments;
Facilitating your movement through Service;
Facilitating your use of the Service and/or products or services offered through the Service;
Communicating with you by letter, email, text, telephone or other forms of communication;
Providing you with information about RSI, the Providers, the Fertility Specialists and/or their businesses, products and services by letter, email, text, telephone or other forms of communication;
Providing you with customer support;
Providing you with information about third-party businesses, products and services by letter, email, text, telephone or other forms of communication;
Developing, testing or improving the Service and content, features and/or products or services offered via the Service;
Identifying or creating new products, services, marketing and/or promotions for RSI or the Service;
Promoting and marketing RSI, the Service, and the products and/or services offered via the Service;
Improving user experiences with the Service;
Analyzing traffic to and through Service;
Analyzing user behavior and activity on or through the Service;
Conducting research and measurement activities for purposes of product and service research and development, advertising claim substantiation, market research, and other activities related to RSI, the Service or products and services offered via the Service;
Monitoring the activities of you and others on or through the Service;
Placing and tracking orders for products or services on your behalf;
Protecting or enforcing RSI’s rights and properties;
Protecting or enforcing the rights and properties of others (which may include you);
When required by applicable law, court order or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or
RSI believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations or properties of RSI, a user of the Service, which may include you, or anyone else who may be harmed by such activities or to further RSI’s legitimate business interests).

We may de-identify your information, including information gathered or gleaned from the laboratory analysis of your specimen, and use, create and sell such de-identified information, for any business or other purpose not prohibited by applicable law. We will de-identify identifiable health information in compliance with the HIPAA de-identification safe harbor.

Disclosure of Information

Subject to the limitations described in the Protected Health Information section above, we may disclose your information to third parties in connection with the provision of our Service or as otherwise permitted or required by law. For example, we may disclose your information to:

Our third-party service providers that provide services to enable us to provide the Service, such as the hosting of the Service, data analysis, IT services and infrastructure, customer service, e-mail delivery, and other similar services;
Our third-party service providers that provide services to enable us to run our business and administrative operations, such as legal and financial advisory services, auditing services, analytics and similar services;
Our third-party service providers that provide services to enable us to promote and advertise the Service and the products and/or services offered via the Service, such as ad platforms or ad-retargeting services, as well as comply with contact removal requests or requirements, such as mailing list removal services, do not call registries, and similar services;
The Providers or Fertility Specialists to enable them to provide services to you via the Service and to collect payment on their behalf;
If you used the Service as part of your participation in a research study, the researchers conducting the study;
Third parties as we believe necessary or appropriate to comply with applicable laws; and
To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, liquidation or other disposition of all or any portion of our business, assets or stock with such third party.

We may de-identify your information and disclose such de-identified information for any purpose not prohibited by applicable law. For example, we may aggregate your de-identified data with other de-identified data and present aggregate information to customers to show how their semen analysis metrics compare to other customers. We may also, for example, use your de-identified data to conduct scientific research, either independently or in conjunction with universities or other third parties.

Data Retention

RSI may retain your information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Service or RSI. RSI may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by RSI or as required by law.

Similarly, the Providers and Fertility Specialists may retain your information for as long as they believe necessary; as long as necessary to comply with their respective legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of the Providers or Fertility Specialists. The Providers and Fertility Specialists may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by the Providers or Fertility Specialists or as required by law.

Transactions

In connection with any transaction that you conduct through the Service (e.g., the purchase or sale of any products or services on or through the Service), you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant RSI without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.

All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by RSI’s third-party online payment processing vendor. Additional information about RSI’s third-party online payment processing vendor can be provided by contacting RSI. Reference is made to the third -party privacy policies and its information security measures for informational purposes only and are in no way incorporated into or made a part of this Privacy Policy. RSI’s relationship with the third-party payment vendor, if any, is merely contractual in nature, as the vendor is nothing more than a third-party vendor to RSI, and is in no way subject to RSI’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

Jurisdictional Issues

The Service may only be used within certain states within the United States as described in our Terms and Conditions. Accordingly, this Privacy Policy, and our collection, use, and disclosure of your information, is governed by U.S. law.

Third Parties

This Privacy Policy does not address or apply to, and we are not responsible for, the privacy, information or other practices of any third parties, including, without limitation, the Providers and Fertility Specialists, the manufacturer of your mobile device, and any other third party mobile application or website to which our Service may contain a link. These third parties may at times gather information from or about you. We do not control and are not responsible for the privacy practices of these third parties. We encourage you to review the privacy policies of each website and application you visit and use.

Retention, Review, and Change of Information Collected

You may request at any time that RSI provide you with an opportunity to review and change your personal information (i.e., information that would allow someone to specifically identify you or contact you physically or online such as your name, physical address, telephone number, email address or SSN) collected through the Service or to no longer use your personal information to provide you with any products or services. Please submit any such request (“Request Concerning Personal Information”) to any one of the following:

By mail: RSI Technology Group, LLC., Attn: Privacy Officer, 2601 Network Blvd. Suite 202, Frisco, Texas 75034, with a subject line of “Your Personal Information.”
By email: support@reproductive.solutions, with a subject line of “Your Personal Information.”

For each Request Concerning Personal Information, please state “Your Personal Information” in the email or letter subject line, and clearly state the following in the body:

the nature of your request;
that the request is related to “Your Personal Information;”
your name, street address, city, state, zip code and email address; and
whether you prefer to receive a response to your request by mail or email.

We will use reasonable efforts to deal with your request within a reasonable time. If you send a Request Concerning Personal Information by mail, then please do so by U.S. Certified Mail, Return Receipt Requested to allow for confirmation of mailing, delivery and tracking. RSI will not accept a Request Concerning Personal Information via telephone or facsimile. RSI is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled, or incorrectly sent.

You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

California Residents

Residents of the State of California have the right to request from certain businesses with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. We are only required to respond to a customer request once during any calendar year. To obtain this information, you should send a written request to support@reproductive.solutions, with the subject heading “California Privacy Rights.” In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information on covered sharing will be included in our response.

As described in this Privacy Policy we may make use of third-party tracking technologies or other online marketing services. In doing so, we may make available or transfer your personally identifiable information (including your IP address, geolocation data, and Internet or other similar network activity) to third parties, such as advertising agencies, analytics providers, sponsored content providers, social media platforms and other similar technology companies. In certain cases, sharing data with these providers could be considered a “sale” under the California Consumer Privacy Act, even though it is not a sale in the traditional sense. You may request to opt out of these cookies on this website by contacting us at support@reproductive.solutions with the subject heading “California Opt Out.”

General Data Protection Regulation (“GDPR”)

We do not knowingly collect personally identifiable information about individuals residing in the European Union. If you believe that we have collected or processed personally identifiable information about any individuals residing in the European Union, please contact us immediately at support@reproductive.solutions with the subject heading “GDPR.”

Miscellaneous

We strive to use reasonable physical, technical and administrative measures to protect information under our control. However, you must keep your Account information secure and confidential, and you are responsible for any and all use of your Account. If you have reason to believe that the security of your Account has been compromised, please notify us immediately in accordance with the “Contacting Us” section below.

When using the Service, you may choose not to provide us with certain information, but this may limit the features you are able to use or may prevent you from using the Service all together. You may also choose to opt out of receiving certain communications (e.g., newsletters, promotions) by emailing us your preference. Please note that even if you opt out, we may still send you Service-related communications. We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how we do so in this Privacy Policy.

RSI may supplement, amend, or otherwise modify this Privacy Policy at any time. Such supplements, amendments and other modifications will be posted on this or a similar page of the Service, and shall be deemed effective as of the “Last Updated” date; provided, however, that RSI will notify you and/or require you to accept the updated Privacy Policy if the supplemented, amended or otherwise modified Privacy Policy implements material changes from RSI’s then-current Privacy Policy. It is your responsibility to carefully review this Privacy Policy each time you visit, access or use the Service.

Contacting Us

If you have any questions about this Privacy Policy, please contact us by email at support@reproductive.solutions or by regular mail at:

RSI Technology Group, LLC

Attn: Privacy Officer

2601 Network Blvd.

Suite 202

Frisco, Texas 75034

Last Updated: December 7, 2024

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