Effective as of July 2, 2012
You agree to the terms and conditions outlined in this Agreement with respect to this Website. Unless expressly provided otherwise, this Agreement constitutes the entire and only agreement between the Foundation and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the information, services, programs products, materials and other content provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site.
Basic Requirements for Use of the Site/User Obligations.
The Foundation requires you to meet certain basic requirements to use the services provided on this Site. By installing, accessing, or using this Site in order to view our information and materials or submit information of any kind, you represent these requirements.
a. Our service is not designed to solicit or collect information of any kind from persons under the age of 13, and we do not knowingly collect any information from persons under the age of 13. Please do not use this service if you are younger than 13 years old. By installing, accessing, or using this Site, you represent that you are at least 13 years of age.
b. Users of the Site shall not tamper, hack, spoof, copy, or otherwise defraud the Site. You further agree to abide by all applicable local, state, national and international laws and regulations with respect to your use of this Site and you agree not to interfere with the use and enjoyment of this Site by other users or with the Foundation's operation or management of this Site. Violation may result in the termination of your account, and any product(s) purchased may be revoked. The Foundation reserves the right to prosecute violators to the full extent provided by law.
DONATIONS TO THE FOUNDATION ARE TAX-DEDUCTIBLE TO THE FULLEST EXTENT OF THE LAW. THE FOUNDATION IS A NON-PROFIT 501(C)(3) ORGANIZATION, TAX ID EIN 20-8939848, INCORPORATED IN THE STATE OF MARYLAND. YOU MAY REQUEST A COPY OF THE ARTICLES OF INCORPORATION FROM THE MARYLAND STATE DEPARTMENT OF ASSESSMENTS AND TAXATION.
The information maintained on this Website is provided for informational and educational purposes ONLY and is not intended to constitute or substitute for the medical diagnosis, treatment and advice rendered by a qualified practitioner. If you are seeking medical advice, you should consult directly with a physician or other qualified practitioner.
Any programs, services, materials, advertisements or information available on or used in connection with this Website, including the Foundation's Newsletter, are provided as resources to parents and other interested parties who are seeking information about cord blood medical research and cord blood storage. All programs, services, materials, or information on this Website have been obtained either directly through the listed companies or from public documentation. The Foundation is independent from and does not endorse any of the companies featured on the Website or in any programs, services, advertisements or materials in connection therewith.
You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Website, without limitation, include the following:
- - Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
- - Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
- - Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the website or services;
- - Interfering with, intercepting or expropriating any system, data or information; or
- - Interfering with service to any user, host, or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system.
The Site can be accessed from different locations around the world and may contain references to services and programs that are not available where you are located. The Foundation does not represent or warrant that any particular service or program will be available in your geographic location.
THIS WEBSITE IS PROVIDED BY THE FOUNDATION ON AN "AS IS" BASIS. THE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDING ANY MEDICAL INFORMATION, CONTAINED ON THIS WEBSITE OR IN ANY E-MAIL UPDATES TRANSMITTED BY THE FOUNDATION TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE FOUNDATION MAKES NO WARRANTY AS TO THE ACCURACY, TIMELINESS, ADEQUACY AND COMPLETENESS OF THE INFORMATION PRESENTED ON THE WEBSITE OR IN ITS E-MAIL UPDATES, WHICH CONTAIN INFORMATION FROM THE FOUNDATION, ITS AFFILIATES, LICENSORS AND OTHER SOURCES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND SUCH EXCLUSIONS THEREFORE MAY NOT APPLY TO YOU.
NO ORAL OR WRITTEN INFORMATION, INCLUDING ANY MEDICAL INFORMATION PUBLISHED ON THIS WEBSITE, INCLUDING IN THE NEWSLETTER, OR IN AN E-MAIL UPDATE TRANSMITTED BY THE FOUNDATION, OR ITS AFFILIATES OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY NOR SHALL A USER RELY ON SUCH INFORMATION. THE FOUNDATION MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THIS WEBSITE. THE FOUNDATION MAKES NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
DOWNLOADING OR OTHERWISE OBTAINING ANY MATERIAL AND/OR DATA FROM THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND THE FOUNDATION WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Limitation of Liability and Releases
Under no circumstances shall the Foundation be liable for any damages of any kind arising from the use of this Website or reliance on any information contained herein or unavailability or malfunction of the Website, including without limitation, direct, incidental, punitive, indirect, social, exemplary or special or consequential damages, regardless of whether the Foundation has been advised of the possibility of such damages.
Third Party Sites
Third Party Products and Services, Advertisements, and Links.
a. You acknowledge and agree that this Site may feature products and services offered by third parties. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such third party advertiser. You agree that the Foundation shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, the Foundation shall not be responsible or liable for the statements or conduct of any third party on this Site.
b. You acknowledge and agree that this Site features materials, products, and services provided by third parties. The Foundation makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, products, and services or any other materials, products, and services which such third party materials, products, and services may access. The Foundation expressly disclaims responsibility and liability for all third party provided materials, products, and services contained on, advertised on, or accessed through the Site, including the Foundation's Newsletter.
c. The Website may provide links to third party websites, or third parties may provide links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by the Foundation with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and the Foundation is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. THE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site. These sites have not been reviewed by the Foundation and are maintained by third parties over which the Foundation exercises no control. Moreover, these links do not imply an endorsement with respect to any third party or any site or the products or services provided by any third party. If you decide to leave the Foundation Site and access any third-party site, you do so at your own risk.
Links to This Site.
Prior written consent is required to link to this Site. Additionally, any links to this Site should not suggest that the Foundation promotes or otherwise endorses any third-party products, services, programs, causes, campaigns, Websites, or information unless the Foundation has provided prior written consent for such promotion or endorsement.
Events Beyond the Foundation's Control.
You expressly absolve and release the Foundation from any claim of harm resulting from a cause beyond the Foundation's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
The Foundation is committed to protecting your online privacy. We feel it is important for you to know how we handle the information we receive from you via the Internet. You can visit www.parentsguidecordblood.org without revealing any personal information. However, if you wish to subscribe to the the Foundation's Newsletter, you are required to provide an e-mail address.
Intellectual Property: Copyright and Service Mark Information
All content, text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the organization, design, compilation, structure, selection, coordination, expression, "look and feel," arrangement of any content contained on or available through the Site, magnetic translation, digital conversion and other matters and materials related to the Site, unless otherwise indicated, are owned, controlled, and licensed by the Foundation and are protected by law including, but not limited to, United States copyright, trade secret, patent, trademark law, and other proprietary (including but not limited to intellectual property) rights, as well as other state, national, and international laws and regulations. The Foundation owns the copyright in the Site, the contents of this Site as collective works and/or its compilation, and in the selection, coordination, arrangement, and enhancement of the content of this Site. The distinctive and original layout and presentation of the Website also constitutes protectable trade dress under applicable federal law, which is owned by the Foundation. Any downloadable or printable programs, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by the Foundation. The names, logos and icons identifying the Foundation and its products and services are proprietary trademarks of the Foundation, and any use of such marks, including, without limitation, as domain names, without the express written permission of the Foundation is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed under the section entitled "Limited Right to Use" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting by the Foundation of information or materials on the Site does not constitute a waiver of any right in such information and materials. Except as expressly provided herein, the Foundation does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that the Foundation actively and aggressively enforces its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of the Foundation's trademarks.
Limited License to Use
This Agreement provides only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that the Foundation transfers no ownership or intellectual property interest or title in and to this Site to you or to anyone else. The viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site grants you only a revocable, nonexclusive license for use solely by you for personal, noncommercial purposes limited to the use that is reasonably required to view the content and navigate through the pages and links generally available to the public using a standard Internet browser. This is a license and not an assignment or sale.
Restrictions on Limited License to Use
Notwithstanding the foregoing:
a. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable.
b. You may not modify, alter, translate, decompile, republish, distribute, assign, license or sublicense, sell, create derivative work(s) of, copy, disassemble, transmit, reproduce, transfer, sell, mirror, frame, exploit, rent, lease, private label, or alter any notices or labels from, grant a security interest in, transfer any rights in, or otherwise use the Site in any manner not expressly permitted herein.
c. You may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site or any other systems or networks connected to this Site or to any Foundation server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other Customer of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or the Foundation's systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the Foundation on or through the Site, and (ix) use this Site in a manner that could damage, disparage, or otherwise negatively impact the Foundation.
d. No part of any content, graphic form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use and not for resale or redistribution. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY THE FOUNDATION TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Enforcing Security on the Site.
Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. The Foundation reserves the right to view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. The Foundation will also comply with all court orders involving requests for such information. In addition to the foregoing, the Foundation reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of this Site in order to protect the Site or the Foundation.
All e-mails to the Foundation are confidential and protected by the principles of the Health On the Net Code (HONcode). Otherwise, except where expressly provided by us, all comments, feedback, information, or materials that you submit through or in association with the Site shall be considered non-confidential. By submitting such comments, feedback, information, or materials to us:
a. You represent and warrant that the Foundation's use of your submission does not and will not breach any agreement, violate any law, or infringe any third party's rights;
b. You represent and warrant that you have all rights to enter into this agreement;
c. You agree that the Foundation is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else;
d. You grant the Foundation all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by the Foundation to anyone whatsoever.
e. We do not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials. The Foundation expressly prohibits the scraping of e-mail addresses from any Foundation Site (including all areas of this Site - member and non-member) and expressly opts out of receiving commercial electronic mail messages to the Foundation domain e-mail addresses that were obtained in violation of the foregoing or by use of automatic address-generation software.
You understand and agree that the Foundation may from time to time establish and revise practices and limitations concerning this Website and your use of the Website. You agree that the Foundation shall have no liability for the deletion or failure to store any Content maintained on the Website or transmitted using the Website. This Agreement constitutes the entire agreement between you and the Foundation and governs your use of the Website. You also may be subject to additional terms and conditions that may apply when you use third party content or websites available through this Website. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You and the Foundation and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement and the relationship between you and the Foundation will be governed by the laws of the State of Maryland, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and the Foundation will rest exclusively in the state and federal courts located in the State of Maryland. The failure of the Foundation to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose. The Foundation may provide notice to you by e-mail or regular mail.
The Website may also provide notice of changes to this Agreement from time to time by displaying notices to you on pages of the Website.
The section titles of this Agreement are merely for convenience and will not have any effect on the substantive meaning of this Agreement.
If you have questions regarding this Site or if you are interested in obtaining more information concerning the Foundation and its products or services, please contact the Foundation at http://parentsguidecordblood.org/contact/ or directly via e-mail at firstname.lastname@example.org.