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Birth Choice of San Marcos Terms of Use & Privacy Policy

Before using this site, please read carefully the following Terms Of Use and Privacy Policy.

By using this site, you are deemed to have agreed to all of the provision set forth in this Terms Of Use & Privacy Policy. The Center reserves the right to modify the Terms Of Use & Privacy Policy at any time. You should check this Terms Of Use & Privacy Policy periodically for changes. By using this site after the Center posts any changes to the Terms Of Use & Privacy Policy, you agree to accept those changes, whether or not you actually have reviewed them. If at any time you choose not to accept any provision of the Terms Of Use & Privacy Policy, please do not use this site.

Terms Of Use

These terms and conditions apply to your use of all of the sites and services owned or operated by Birth Choice of San Marcos, California (hereafter “the Center”) and any other sites that the Center has owned or operated, does own and operate or may own or operate in the future (collectively, the “Sites”).

General Guidelines

Every reasonable attempt has been made for accuracy; however, some information specified in or accessible through the Sites (a) has been compiled or produced by someone other than the Center, (b) is beyond the control of the Center’s staff and (c) may not be fully complete or accurate. Consequently, the Center cannot and does not endorse or represent the reliability or accuracy of all of the content or information distributed through or accessed from the Sites. You hereby agree that your reliance upon any content or information distributed through or accessed from the Sites is at your sole risk.


These terms and conditions apply only to the Center’s Sites, and not to the sites of any other companies or organizations, including those to which any of the Sites may link. The Center is not responsible for the availability of any other site to which any of the Sites are linked. The Center does not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. The Center is not responsible for the content of any sites which may be linked to the Center’s Sites. These links are provided for your convenience only and you access them at your own risk.


The Center respects the intellectual property rights of others, and requires that the people who use the Sites do the same. In appropriate circumstances, the Center will terminate the registration of any user who engages in any activity which may infringe on the intellectual property rights of others, including copyrights. All text, graphics, video, source code, and editorial content on Sites are proprietary to the Center. These materials are protected by United States copyright law and, except those items acknowledged as proprietary to others, may not be used, copied, transmitted, or reproduced in whole or in part without the express written consent of the Center. Use of any of the Center’s text, graphics, video, source code, and editorial content not explicitly authorized for any reason or purpose is strictly prohibited. Unauthorized use of the text, graphics, video, source code, and editorial content may violate trademark, copyright, civil and criminal statutes, and privacy and publicity laws. Unless the Center expressly states otherwise in writing, you may access the materials located within the Sites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, non-commercial use only, provided that you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material. The Center reserve all rights under United States and international laws.


The services, products and materials on this site are provided “as is” and without warranties of any kind, either express or implied. The Center disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Neither the Center nor any of the Center’s licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither the Center nor any of the Center’s licensors or suppliers warrant or make any representations regarding the results of the use of the services, products or materials in the Sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not the Center or any of the Center’s licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation Of Liability

Under no circumstances, including but not limited to negligence, will the Center or any of the Center’s licensors or suppliers be liable for any special or consequential damages that result from the use of or the inability to use, the materials on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by the Center or any of the Center’s licensors or suppliers for damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.


You agree to defend, indemnify, and hold the Center and all of the Center’s affiliates, employees, directors, officers, agents, material or communication providers, and internet service providers harmless from any and all losses, liabilities, claims, expenses, and damage awards, including, but not limited to attorney fees and costs, that arise from any claim, action, or demand, based in whole or in part on your use of or in connection with the submission, transmission, posting, broadcasting, or other communication with the Sites.


The reference materials and information contained in the Sites are intended only for your personal information. The Center makes no representations or warranties about the Sites’ content or the information or other materials accessed through the Sites.

Information Obtained Through The Sites Does Not Constitute Medical Or Legal Advice

The information contained in the Sites or transmitted to you electronically in response to a message from you is neither intended nor implied to constitute medical advice, diagnosis, or treatment. Always speak to a qualified health service provider in person prior to starting any new treatment or regarding any questions you may have regarding a medical condition. The Sites do not directly or indirectly practice medicine or dispense medical advice as part of this service. In addition, nothing contained in the Sites is intended to be or constitutes legal advice, and users should always seek the advice of a qualified attorney regarding individual questions or concerns of a legal nature. The Center assume no liability for any diagnosis, treatment, decision made, or action taken in reliance upon information contained in the Sites or any other internet sites linked to the Sites in any way.

Parental Permission

Some of the information available on the Sites concerns the topic of sex and may not be appropriate for children. Further, the Sites are not directed to children under the age of 13 and the Center will not knowingly collect personally identifiable information from children under the age of 13. The Center strongly recommend that parents participate in their children’s exploration of the internet and any online services, and use their browser’s parental controls to limit the areas of the internet to which their children have access.

Uniform Disclosure Statement

The Center is recognized by the Internal Revenue Service as a ministry exempt from taxation under §501(c)(3) of the Internal Revenue Code [29 USC §501(c)(3)], and gifts are tax deductible to the extent allowed by law.

The Center’s financial statement is available upon request. One hundred percent (100%) of your gift may be deducted under Federal and California income tax laws. If you reside in California and have provided your personally identifiable information to the Center, once per calendar year you may request information about the Center’s disclosures of certain categories of your personally identifiable information to third parties for direct marketing purposes. Such requests must be submitted in writing to the Center at the address below.

Digital Millennium Copyright Act Notices

As required by 17 USC §512(c)(2), if you believe that any material on the Sites infringes your copyright, you must send a notice of claimed infringement to the Center at the following address:

Bob Schuman, CEO
Birth Choice of San Marcos
365 S Rancho Santa Fe Rd, Ste 201
San Marcos, California 92078
(760) 744-1313


To be effective, 17 USC §512(c)(3)(A) requires that your notification of a claimed infringement must be a written communication and that it include certain elements explained therein. Please check the statute for more details.

Privacy Policy

The Center is committed to protecting the privacy and security of the users of the Center’s Sites. This privacy policy will advise you about how the Center protects your personal information, and about what choices you have concerning the Center’s use of such information. By using the Center’s Sites, you consent to the processing of your information as set forth in this Privacy Policy, now and as revised in the future. To see the HIPAA Notice of Privacy Practices go to: HIPAA NOTICE OF PRIVACY PRACTICES.

Personal Identification Information

The Center may request personal identification information from you in connection with your use of, or participation in, scheduling appointments, communications, membership registration, discussion groups, requests for information or suggestions, visitors’ requests for free products or services or additional information (including via email to us), and in connection with other activities, services or resources the Center make available on any of the Center’s Sites. In all of these cases, the Center will collect personal identification information from you only if you voluntarily submit such information to us.

The Center will never intentionally disclose any personal identification information about you as an individual user (such as, for example, your full name, street address, telephone number, or email address) to any third party without having received your permission. The Center do not sell or otherwise share your data with third parties. Although the Center makes every effort to preserve user privacy, the Center may need to disclose personal information when the Center has a good-faith belief that such disclosure is necessary to comply with a current judicial proceeding, a court order or legal process. The Center may share with others aggregated demographic information not linked to any personally identifiable.

To Whom The Center Disclose Your Information

The Center may disclose the information the Center has collected from or about you:

  • To The Center’s affiliates;
  • To service providers who work on the Center’s behalf;
  • As required by law;
  • When required to protect the Center’s rights or your safety or the safety of others, or to detect, prevent, or respond to misuse of the Center’s Sites.

In addition, the Center may share de-identified information, such as reports on user demographics and traffic patterns, with third parties, including researchers.

Chat Rooms, Message Boards, and Public Forums

Please keep in mind that whenever you voluntarily disclose personal information online – for example on message boards, through email, or in chat room – that information can be collected and used by others. In short, by posting personal information online that is publicly accessible, you may receive unsolicited messages from other parties in return.


The Sites take every precaution to protect users’ information. When users submit sensitive information via the Sites, the Center takes great effort to ensure their information is protected both online and offline. When using the Center’s registration/donor/appointment/chat room, you may be asked to enter sensitive information (such as credit card number); that information is encrypted and is protected with the best encryption software of which the Center is aware – SSL.

While the Center uses SSL encryption to protect sensitive information online, the Center also aggressively protects user information offline. Only Center employees who need certain personally identifiable information to perform a specific job are granted access to such information. (Example: A customer service representative may be granted access to credit card information.) Finally, the servers that store personally identifiable information are kept in a secure environment.

The Center and the Center’s service providers may automatically collect certain technical information from your computer or mobile device over time and across different websites when you use the Sites using cookies or similar technologies; such information may include your Internet Protocol address, your browser type, your operating system, the pages you view on the Sites, etc. This information allows the Center and the Center’s service providers to (a) recognize you and personalize your experience if you return to the Sites, (b) improve the Sites and the services the Center provide, and (c) provide you with advertisements targeted to your interests.

Your Choices

If you do not want the Sites to collect information through the use of cookies, you can set your web browser to reject cookies from the Sites. If you wish to review or correct the contact information the Center has on file for you or inform us how you wish your contact information to be used, please contact the Center’s staff using the contact information below. When you contact us or otherwise submit content via the Sites, if you desire to remain anonymous, you should not tell us your name or the names of your friends or any other individuals. To fully protect your privacy, do not provide any information that you think may identify you or others.

Notification of Changes

If the Center changes the Center’s policies, the Center will post those changes to this statement, the home page, and/or other places the Center deems appropriate so that the Center’s users are always aware of what information the Center collects, how the Center uses it, and under what circumstances, if any, the Center discloses it.


This Terms Of Use & Privacy Policy is governed and interpreted under the laws of the United States of America and the State of California without giving effect to either’s conflicts of laws provisions. If any portion of this Terms Of Use & Privacy Policy is deemed unlawful, void, or unenforceable, that part will be deemed severable, and will not affect the validity and enforceability of any remaining provisions. The Center can, at the Center’s sole discretion, replace or amend such provisions with another provision. This Terms Of Use & Privacy Policy sets forth the entire understanding and agreement between you and the Center with respect to the Sites and any materials, communications, transmissions, or posting to the Sites. The Center reserve the right to revise the policy at any time by updating this Terms Of Use & Privacy Policy. You agree to be bound by any such revisions, and you should periodically read and review same.

To Contact Us

If you have any questions about this document, please contact us at:

Birth Choice of San Marcos
365 S Rancho Santa Fe Rd, Ste 201
San Marcos, California 92078
(760) 744-1313