Last updated: July 2026
These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and other online services operated by Ember Surrogacy LLC (“Ember,” “we,” “us,” “our”) (the “Sites”). By visiting or using the Sites, you agree to be bound by these Terms. The Sites are offered for your personal, non-commercial use. Please review these Terms carefully — they include a limitation of liability and an agreement to resolve certain disputes through individual arbitration, with a waiver of class actions, described below.
1. Agreement to these Terms
These Terms apply to all users of the Sites. If you do not agree with them, please do not use the Sites.
2. Changes to these Terms
We may update or replace any part of these Terms at our discretion by posting the revised version on the Sites. It is your responsibility to review them periodically. Your continued use of the Sites after changes are posted constitutes acceptance of those changes.
3. About Ember; no professional advice
Ember is a surrogacy agency that provides matching, coordination, and support services for intended parents and surrogates. Ember is not a healthcare provider, law firm, or fertility clinic, and does not provide medical, legal, or financial advice. Medical care, legal representation, and clinical decisions are provided by independent, licensed professionals. Nothing on the Sites creates a professional relationship, and you should consult qualified professionals before making decisions about surrogacy.
4. Eligibility
By using the Sites, you represent that you are of the age of majority in your jurisdiction and are legally permitted to use them and their content. Our services are directed to adults and offered only where permitted by applicable law. Surrogate applicants must meet our program’s eligibility and screening requirements. Submitting an inquiry or application does not obligate Ember to provide services or to accept any applicant; acceptance is at our discretion and subject to screening.
5. Content and intellectual property
The content on the Sites, including text, graphics, logos, images, designs, and software (“Content”), is owned by or licensed to Ember and is protected by copyright, trademark, and other laws. Except as expressly permitted in these Terms, you may not reproduce, distribute, adapt, modify, publish, or otherwise use any Content without our prior written permission. Content is provided for your information and personal use only, on an “as is” basis, and any reliance on it is at your own risk. We may change the Content at any time but have no obligation to update it.
6. Your submissions
Information you submit through our forms or eligibility quiz must be accurate and complete to the best of your knowledge, and is handled in accordance with our Privacy Policy. You are responsible for the content you submit and represent that you have the right to provide it. We may accept or decline any submission at our discretion.
7. Errors and inaccuracies
Occasionally information on the Sites may contain typographical errors, inaccuracies, or omissions relating to program details, timelines, pricing, or availability. We reserve the right to correct any such errors and to change or update information at any time without prior notice, and we undertake no obligation to update information except as required by law.
8. Prohibited conduct
You agree to use the Sites only for lawful purposes and in accordance with these Terms. You may not use the Sites to violate any law; to infringe the rights of others; to harass, abuse, defame, or discriminate against anyone; to submit false or misleading information or impersonate others; to upload viruses or malicious code; to transmit unsolicited advertising or spam; to collect others’ personal information; to scrape or harvest data; or to interfere with or circumvent the security or operation of the Sites. We may terminate your use of the Sites for violating these Terms.
9. Third-party links
The Sites may link to third-party websites or resources provided for your convenience. We do not control and are not responsible for their content or practices, and your use of them is at your own risk and subject to their terms.
10. Termination
We may modify or discontinue the Sites, or restrict or terminate your access, at any time and without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.
11. Disclaimer of warranties; limitation of liability
Your use of the Sites is at your sole risk. To the fullest extent permitted by law, the Sites and Content are provided “as is” and “as available,” and Ember disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Sites will be uninterrupted, error-free, or free of harmful components, or that information on the Sites is accurate or reliable. To the fullest extent permitted by law, Ember and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Sites. Where liability cannot be excluded, it is limited to the maximum extent permitted by law.
12. California residents
California residents waive California Civil Code Section 1542, which provides that a general release does not extend to claims that the releasing party does not know or suspect to exist in their favor at the time of the release and that, if known, would have materially affected the settlement.
13. Indemnification
You agree to indemnify, defend, and hold harmless Ember and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms or your violation of any law or the rights of a third party.
14. Governing law
These Terms and your use of the Sites are governed by the laws of the State of California, without regard to conflict-of-laws principles.
15. Dispute resolution; individual arbitration
Please read this section carefully. In the event of a dispute, you agree first to contact us and attempt in good faith to resolve it informally. If the dispute is not resolved within sixty (60) days, you and Ember agree to resolve any claim arising out of or relating to these Terms or the Sites through binding individual arbitration administered in California, rather than in court, except that either party may bring qualifying claims in small claims court. You and Ember agree that any arbitration will be conducted on an individual basis and not as a class, collective, or representative action, and each party waives any right to participate in a class action. If this arbitration provision is found unenforceable for a given dispute, that dispute will be resolved in the state or federal courts located in California, whose jurisdiction you accept.
16. Waiver and severability
Our failure to enforce any provision of these Terms is not a waiver of that or any other provision. If any provision is found unlawful, void, or unenforceable, it will be severed and the remaining provisions will remain in effect.
17. Entire agreement
These Terms, together with our Privacy Policy (which is incorporated by reference), constitute the entire agreement between you and Ember regarding your use of the Sites and supersede any prior agreements. Section headings are for convenience only.
18. Contact us
Questions about these Terms or our Privacy Policy may be directed to info@embersurrogacy.com.
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