Effective as of July 5, 2011.
IMPORTANT - BEFORE INSTALLING, ACCESSING, OR USING ANY PART OF THE WWW.PARENTSGUIDECORDBLOOD.ORG SITE (THE “WEBSITE” or the “Site”), YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS OF USE CONTAINED IN THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE AND ANY PROGRAMS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE THROUGH THIS SITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, THE “SITE”). PARENT'S GUIDE TO CORD BLOOD FOUNDATION(“PGCBF”) IS WILLING TO LICENSE THE USE OF THIS SITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
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 PGCBF 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.
PGCBF 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 PGCBF’s operation or management of this Site. Violation may result in the termination of your account, and any product(s) purchased may be revoked. PGCBF reserves the right to prosecute violators to the full extent provided by law.
DONATIONS TO PGCBF ARE TAX-DEDUCTIBLE TO THE FULLEST EXTENT OF THE LAW. PGCBF 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.
The information maintained on this Website is provided as a resource to parents and other interested parties who are seeking information about cord blood medical research and cord blood storage. All information on this Website has been obtained either directly through the listed companies or from public documentation. PGCBF is independent from and does not endorse any of the companies featured on the Website. No pharmaceutical or cord blood bank funding was used in preparation or maintenance of this Website, except as unrestricted donations to the general operating fund of the Foundation.
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:
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. PGCBF does not represent or warrant that any particular service or program will be available in your geographic location.
THIS WEBSITE IS PROVIDED BY PGCBF ON AN "AS IS" BASIS. PGCBF 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 PGCBF TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PGCBF 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. PGCBF 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 PGCBF, 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 OR IN AN E-MAIL UPDATE TRANSMITTED BY PGCBF, OR ITS AFFILIATES OR ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY NOR SHALL A USER RELY ON SUCH INFORMATION. PGCBF MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THIS WEBSITE. PGCBF 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 PGCBF 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.
Under no circumstances shall PGCBF 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 PGCBF has been advised of the possibility of such damages.
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 PGCBF 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, PGCBF 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. PGCBF 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. PGCBF expressly disclaims responsibility and liability for all third party provided materials, products, and services contained on, advertised on, or accessed through the Site.
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 PGCBF with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and PGCBF 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 PGCBF 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 PGCBF and are maintained by third parties over which PGCBF 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 PGCBF 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 PGCBF promotes or otherwise endorses any third-party products, services, programs, causes, campaigns, Web sites, or information unless PGCBF has provided prior written consent for such promotion or endorsement.
Events Beyond PGCBF’s Control.
You expressly absolve and release PGCBF from any claim of harm resulting from a cause beyond PGCBF’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.
You agree to indemnify and hold harmless PGCBF, and each of its affiliates, officers, directors and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Website, the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.
PGCBF 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 PGCBF newsletter, you are required to provide an e-mail address.
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 PGCBF 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. PGCBF 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 PGCBF. 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 PGCBF. The names, logos and icons identifying PGCBF and its products and services are proprietary trademarks of PGCBF, and any use of such marks, including, without limitation, as domain names, without the express written permission of PGCBF 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 PGCBF 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, PGCBF 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 PGCBF 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 PGCBF’s trademarks.
This Agreement provides only a limited license to access and use the Site. Accordingly, you expressly acknowledge and agree that PGCBF 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.
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 PGCBF 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 PGCBF’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 PGCBF on or through the Site, and (ix) use this Site in a manner that could damage, disparage, or otherwise negatively impact PGCBF.
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 PGCBF TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
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. PGCBF 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. PGCBF will also comply with all court orders involving requests for such information. In addition to the foregoing, PGCBF 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 PGCBF.
Visitors' Communications.
All e-mails to PGCBF 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 PGCBF’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 PGCBF 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 PGCBF 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 PGCBF 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. PGCBF expressly prohibits the scraping of e-mail addresses from any PGCBF Site (including all areas of this Site - member and non-member) and expressly opts out of receiving commercial electronic mail messages to PGCBF 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 PGCBF may from time to time establish and revise practices and limitations concerning this Website and your use of the Website. You agree that PGCBF 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 PGCBF 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 PGCBF and any of its affiliates, employees, contractors, officers, or directors agree that this Agreement and the relationship between you and PGCBF 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 PGCBF will rest exclusively in the state and federal courts located in the State of Maryland. The failure of PGCBF 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. PGCBF 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 PGCBF and its products or services, please contact PGCBF at http://parentsguidecordblood.org/contact/ or directly via e-mail at info@parentsguidecordblood.org.
