Terms of Use

 


All use of the DKMS Americas Web site (located at www.deletebloodcancer.org, and referred to herein as the "Web site"), is subject to the terms and conditions set forth below (the "Terms of Use"). By accessing and using any portion of this Web site or any service on this Web site, you agree and accept the Terms of Use. The Terms of Use represent a binding contract between you and DKMS Americas (DKMS Americas and any of its principals, officers, employees or agents are herein collectively referred to as "DKMS"). The Terms of Use are in addition to any other agreements between you and DKMS. If you do not agree with the Terms of Use, please do not use this Web site.

DKMS reserves the right to change, modify, add or remove portions of the Terms of Use at any time for any reason. Such changes shall be effective immediately upon posting. You acknowledge by accessing the Web site after DKMS has posted changes to the Terms of Use that you are agreeing to these terms and conditions, as modified.

Medical Disclaimer

The information on this Web site is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. You should discuss your specific, individual health concerns with your doctor or health care professional. The materials and discussions presented here describe treatment options and drugs that may be under study, and are for informational purposes only. Treatment options or donation procedures should be determined by an individual and his or her treating doctor based on the individual's overall health, age, disease, disease stage, and, if transplant is being considered as a treatment option, the availability of a suitably matched adult donor.

Registration

1. Certain areas of the Web site require registration, such as registering to become a donor. In consideration of your use of this Web site, you agree that if you register on this Web site, you will provide accurate, current and complete information about yourself and will maintain and update such information promptly if any of it changes. You agree that if any information you provide is inaccurate, not current or incomplete, DKMS may not be able to process your application to become a registered donor.

2. You agree that DKMS may access, preserve and disclose your information if required to do so by law or to: (a) Respond to your requests for customer service; (b) Comply with legal process; (c) Enforce these Terms of Use; (d) Respond to claims that information you have provided violates the rights of others; or (e) Protect the rights, property or personal safety of DKMS, its users and the public.

3. You agree that DKMS may terminate your access to the areas of the Web site requiring registration and cancel your application to become a donor without prior notice if DKMS believes you have violated these Terms of Use or for any other reason. You agree that DKMS is not liable to you or any third party for denying you access to any portion of the Web site.

User Conduct

You may use the Web site for lawful purposes only. This Web site may not be accessed, reproduced, transmitted, or distributed without the permission of DKMS. You agree not to:

1. Post or transmit any file or computer code or program (for example, viruses, worms, Trojan horses) that could damage or interfere with the operation of any hardware, software or telecommunications equipment;

2. Violate the security of the Web site or attempt to gain unauthorized access to DKMS, the Web site, data, materials, information, computer systems or networks connected to any server associated with DKMS, through hacking, password mining or any other means;

3. Interfere with or otherwise disrupt the proper working of the Web site; or

4. Impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity.

In addition, you agree not to input, distribute, upload, post, e-mail, transmit or otherwise make available through the Web site any content that:

1. Is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2. You do not have the right to make available under any law or under contractual or fiduciary relationships;

3. Is harmful to minors;

4. Constitutes personally identifiable information of any other person that such person has not authorized you to disclose; or

5. Is promotional in nature, including solicitations, or constitutes junk mail, spam, chain letters, pyramid schemes or the like.

Links to Other Sites

Some of our pages provide links to other web sites. These web sites are operated by independent third-party entities, and DKMS is not responsible for the availability or content of these external sites, nor does DKMS control or guarantee the currency, accuracy, relevance or completeness of information and materials found on any web site to which the Web site links.

Ownership of Web Site Content

The content contained on this Web site is owned or licensed by DKMS and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Content on this Web site is provided for your personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of DKMS. In addition, you may not copy, distribute, modify, post, frame or deep link this Web site, including any text, graphics, video, audio, software code, user interface design or logos featured on this Web site. DKMS hereby expressly reserves all rights not expressly granted in and to the Web site and its content.

You may not input, distribute, upload, post, e-mail, transmit or otherwise make available any content through the Web site that is protected by copyright, trademark and/or other intellectual property rights owned by a third party without the express permission of such third party. You are responsible for determining whether any such third-party content is protected by intellectual property rights, and for obtaining the appropriate permission from such third party. You shall be solely liable for any and all liability for any type of damages including, but not limited to, indirect, incidental, consequential or special damages, or losses or expenses, resulting from any infringement of any intellectual property rights, or any other harm resulting from, your input, distribution, uploading, posting, e-mailing, transmission or otherwise making available any content through the Web site.

By submitting content to any publicly accessible area of the Web site, you automatically grant, or warrant that the owner of such content has expressly granted to DKMS the non-exclusive, worldwide, royalty-free, irrevocable, perpetual right and license to use, reproduce, copy, perform, display, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any intellectual property rights that may exist in such material. You also permit any other users of the Web site to access, view, store or reproduce the material for that user's personal use.

Monitoring

DKMS shall have the right, but not the obligation, to monitor the content of this Web site, including chat rooms and forums, to determine compliance with these Terms of Use and any operating rules or guidelines established by DKMS, and to satisfy any law, regulation or authorized government request. DKMS shall have the right, but not the obligation, to edit, refuse to post or remove any material submitted to or posted on this Web site. Without limiting the foregoing, DKMS shall have the right to remove any material that DKMS, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FREEDOM FROM COMPUTER VIRUS. DKMS DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THIS WEB SITE AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ERRORS OR OMISSIONS IN SUCH INFORMATION AND MATERIALS. DKMS DOES NOT WARRANT THE UNINTERRUPTED AVAILABILITY OF THIS WEB SITE OR THE INFORMATION OR MATERIALS PROVIDED ON THIS WEB SITE.

2. ANY MATERIAL SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS SUBMITTED AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DKMS OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, DKMS HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR ANY TYPE OF DAMAGES INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR LOSSES OR EXPENSES, IN EACH CASE ARISING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE, ANY INFORMATION OR MATERIALS PROVIDED ON THIS SITE OR ANY LINKED SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR COMMUNICATION LINE OR SYSTEM FAILURE.

Indemnity

You agree to defend, indemnify and hold harmless DKMS and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from and against any claim, suit, demand or action, and any and all direct losses suffered or incurred by DKMS, including reasonable attorneys' fees, in connection with any third party claims due to, or arising out of, your use of the Web site, including your application to become a donor.

Waiver and Severability

The failure of DKMS to insist upon strict compliance with these terms and conditions shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

Governing Law and Jurisdiction

This Web site is controlled by DKMS. These Terms of Use shall be governed by the laws of the State of New York, without regard to the conflict of law principals of such state. You hereby submit freely to the exclusive jurisdiction of the state and federal courts located in the Southern District of the State of New York and hereby irrevocably waive all defense of lack of personal jurisdiction and forum non-conveniens.

Your privacy is very important to DKMS. The DKMS Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from the Web Site. Please review the DKMS Privacy Policy.

INFO: +1-866-340-3567

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