Terms and Conditions
Digitial Alchemy Solutions, Inc.
712 Park Avenue Montgomery AL 36106
Copyright 2012, DonorMatchMe All rights reserved.
Effective November 30, 2012
PLEASE NOTE THAT THIS AGREEMENT MAY BE AMENDED AT ANY TIME AND FROM TIME TO TIME BY US. IF YOU SUBMIT A NEW PHOTOGRAPH, THE FORM OF AGREEMENT THEN IN EFFECT SHALL BE THE GOVERNING DOCUMENT AND YOU WILL BE REQUIRED TO REGISTER AS A NEW USER.
PLEASE CONTACT DonorMatchMe FOR A COPY OF THE MOST RECENT VERSION OF THIS AGREEMENT.
You will have access to our service for the 45 day period following the date you initially log on to the service and accept this Agreement
Here’s How It Works:
Step 1: Carefully review the Terms and Conditions. The Terms and Conditions apply to your use of our service.
Step 2: Acceptance of this Agreement.
If you would like to obtain access to our service, your acceptance of this Agreement is required. To accept this Agreement you are required to select "Yes." The date upon which you select “Yes” shall be deemed the “Acceptance Date” for the purposes of this Agreement and the term of the Agreement shall thereupon commence.
Step 3: Activation of our Service.
WE RETAIN THE RIGHT TO REJECT YOUR ACCEPTANCE OF THIS AGREEMENT AT ANY TIME.
To simplify the language in this Agreement:
- "DMM", "us" and "we" means DonorMatchMe
- "You" and "Patient" means the person who has accepted this Agreement; and "Parties" means DMM and Patient, collectively.
In consideration of the mutual agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Definitions. The following definitions (and additional definitions provided above and below) will apply:
1.1.“Donor” means a reproductive tissue donor from a Participating Bank.
1.2. “Participating Bank” means a reproductive tissue bank that has entered into a reproductive tissue donor agreement with DMM.
1.3. “Patient Data” means data, information or material relating to Patient provided or submitted to DMM in the course of registering for or utilizing the Service including but not limited to photographs. Under no circumstances shall any information subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) be submitted or provided to DMM.
1.4. “DMM Content” means DMM-supplied text, audio, video, graphics and other information and data available by means of the Service or on DMM’s web site.
1.5. “Service” means DMM’s online service as described at www.donormatchme.com
2. Patient Use of the Service.
2.1. DMM grants Patient a license to access and use the Service during the term of this Agreement via the Internet under and subject to the terms of this Agreement. DMM reserves the right to make changes and updates to the functionality and/or documentation of the Service from time to time.
2.2. Patient is licensed during the term of this Agreement to store, print, and display the DMM Content and to access it only in connection with his or her use of the Service. No other use of DMM Content is permitted.
3. Appropriate Use of the Service.
3.1. Only Patient may access and use the Service. Patient may not sublicense, resell or supply the Service for use in or for the benefit of any other person, organization, entity, business, or enterprise without DMM’s prior written consent.
3.2. Patient agrees not to submit to the Service any material that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threatening, infringing of any third party proprietary rights, invasive of personal privacy, or otherwise objectionable (collectively “Objectionable Matter”). In addition, DMM may, at its option, adopt rules for permitted and appropriate use and may update them from time to time on the DMM web site. Patient will be bound by any such rules. DMM reserves the right to remove any Patient Data that constitutes Objectionable Matter or violates any DMM rules regarding appropriate use, but is not obligated to do so. Patient will comply with all applicable laws regarding Patient Data, use of the Service and the DMM Content, including laws involving private data (including information subject to HIPAA) and any applicable export controls. DMM reserves the right to suspend or terminate this Agreement pursuant to Section 12.2 below in the event that Patient materially breaches the provisions of this Section 3.2.
3.3. DMM reserves the right to suspend or terminate immediately any Patient account or activity that is disrupting or causing harm to DMM’s computers, systems or infrastructure or to other parties, or is in violation of state or federal laws regarding “spam.”
4. Passwords and Access.
Patient is responsible for all activities that occur under his or her account. Patient is responsible for maintaining the security and confidentiality of all of his or her username and password. Patient agrees to notify DMM immediately of any unauthorized use of any Service username or password or account or any other known or suspected breach of security.
5. Patient Data.
5.1. All Patient Data submitted to DMM will remain the sole property of Patient to the fullest extent provided by law.
5.2. Patient represents and warrants that (i) the Patient Data is true, correct and complete, (ii) Patient has the right and authority to provide the Patient Data to DMM, (iii) Patient has the right and authority to post the Patient Data on the Service and to otherwise use the Patient Data as contemplated herein and (iv) Patient has the right and authority to grant to DMM the licenses set forth herein. DMM will not use the Patient Data for any purpose other than to provide the Service and for statistical reporting purposes. DMM may aggregate anonymous statistical data regarding use and functioning of its system by its various users. Such aggregated statistical data will be the sole property of DMM.
5.3. DMM shall use such security measures as are commercially reasonable in the electronic commerce industry. Patient recognizes that electronic transmissions by nature cannot be completely secure. Accordingly, DMM cannot and does not guaranty the privacy, security, integrity or authenticity of any information so transmitted over or stored in any system connected to the Internet or that any such security precautions will be adequate or sufficient. DMM shall have no liability for losses or damages due to security failures.
6. Limited License to Patient Data.
Subject to the terms and conditions of this Agreement, Patient grants to DMM a non-exclusive license to use, copy, store, transmit and display Patient Data in order to provide and maintain the Service.
7. DMM's Ownership.
DMM and its suppliers retain all rights in the Service and DMM Content. This Agreement grants no ownership rights to Patient. No license is granted to Patient except as to use of the Service as expressly stated herein. DMM’s name, logo, and the product names associated with the Service are trademarks of DMM or third parties, and they may not be used without DMM’s prior written consent.
8. Restrictions on Use of the Service.
Patient may not alter, resell or sublicense the Service or provide it as a service bureau. Patient agrees not to reverse engineer the Service or its software or other technology. Patient will not use or access the Service to: (i) build a competitive product or service, (ii) make or have made a product using similar ideas, features, functions or graphics of the Service, (iii) make derivative works based upon the Service or the DMM Content or (iv) copy any features, functions or graphics of the Service or the DMM Content. Patient will not “frame” or “mirror” the Service. Use, resale or exploitation of the Service and/or the DMM Content except as expressly permitted in this Agreement is prohibited.
Each Party represents and warrants that it has the legal power and authority to enter into this Agreement. Patient represents and warrants that it has not falsely identified itself or provided any false information to gain access to the Service.
10. Disclaimers; Limitations on Damages.
10.1. THE SERVICE AND DMM CONTENT ARE PROVIDED TO PATIENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. DMM DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMENT OR TITLE.
10.2. THE SERVICE IS A REFERRAL SERVICE ONLY AND DOES NOT PURPORT TO PROVIDE ANY MEDICAL ADVICE. THE PATIENT IS STRONGLY ENCOURAGED TO SEEK THE ADVICE OF HIS OR HER PHYSICIAN IF HE OR SHE HAS ANY HEALTH OR MEDICALLY RELATED QUESTIONS.
10.3. THE SERVICE PROVIDES ACCESS TO INFORMATION PROVIDED BY PARTICIPATING BANKS WITH RESPECT TO POTENTIAL DONORS. DMM EXPRESSELY DICLAIMS ANY REPRESENTATIONS AND WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION AND THE PATIENT UNDERSTANDS AND AGREES THAT HE OR SHE HAS THE RESPONSIBILITY TO VERIFY SUCH INFORMATION WITH THE RESPECTIVE PARTICIPATING BANKS.
10.4. DMM DOES NOT GURANTEE THAT ANY CHILD RESULTING FROM THE USE OF THE DONOR’S REPRODUCTIVE TISSUE WILL RESEMBLE ANY PARTICUAR PERSON TO ANY SPECIFIC DEGREE, AS GENETICS IS A VERY VARIABLE SCIENCE.
10.5. THE PATIENT UNDERSTANDS AND AGREES THAT (A) THE NUMBER OF POTENTIAL DONORS IDENITIFIED BY THE SERVICE DECREASES AS THE PATIENT SPECIFIES ADDITIONAL SEARCH CRITERIA (E.G., HEIGHT, HAIR COLOR, ETC.) AND (B) AS HE OR SHE ADDS SEARCH CRITERIA, THE SERVICE MAY END UP ELIMINATING DONORS THAT IT WOULD OTHERWISE IDENTIFY AS A LIKELY MATCH.
10.6. DMM DISCLAIMS ANY AND ALL LIABILITY FOR CLAIMS MADE BY ANY THIRD PARTY AGAINST THE PATIENT AND THE PATIENT HEREBY WAIVES AND RELEASES DMM FROM ANY SUCH LIABILITY, IT BEING EXPRESSLY ACKNOWLEDGED AND AGREED BY THE PATIENT THAT DMM SHALL HAVE NO LIABILIY FOR ANY DAMAGES OF ANY KIND, CLAIMS, CAUSES OF ACTION, EXPENSES OR COSTS ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES. PATIENT ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR PATIENT’S PURPOSES. DMM DOES NOT WARRANT THAT USE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. DMM IS NOT RESPONSIBLE FOR SOFTWARE INSTALLED OR USED BY PATIENT OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET.
11.1. Patient will defend, indemnify, reimburse (as incurred) and hold DMM(and its officers, directors, employees and agents) harmless from and against all damages, claims, causes of action, losses, expenses and fees (including but not limited to attorney’s fees) arising out of or in connection with a claim, suit, action, or proceeding brought by a third party (i) relating to or arising in connection with Patient’s breach of this Agreement or (ii) relating to or arising in connection with the acts or omissions of Patient.
11.2. Patient will defend, indemnify, reimburse (as incurred) and hold DMM (and its officers, directors, employees and agents) harmless from any expense or cost arising from any third party subpoena or compulsory legal order or process that seeks Patient Data and/or other Patient-related information or data, including, without limitation, prompt payment to DMM of all costs (including attorneys’ fees) incurred by DMM as a result. In case of such subpoena or compulsory legal order or process, Patient also agrees to pay DMM for its staff time in responding to such third party subpoena or compulsory legal order or process at DMM’s then applicable hourly rates.
11.3. Claims may not be settled without the prior written consent of DMM, which may not be unreasonably withheld or delayed.
12. Term and Termination.
12.1. The term of this Agreement shall commence on the Acceptance Date and shall continue (unless earlier terminated in accordance with the terms of this Agreement) in full force and effect for the 45 day period following the Acceptance Date.
12.2. DMM, in its sole discretion, may suspend or terminate Patient’s username and password, account, or use of the Service and/or terminate this Agreement if Patient materially breaches this Agreement and such breach has not been cured (if capable of cure) within 10 days of notice of such breach. If such breach is not capable of cure, DMM may terminate this Agreement immediately by written notice to Patient. By way of example not limitation, a breach of Section 3.2 hereof shall be deemed a material breach of this Agreement.
12.3. Patient may terminate this Agreement if DMM materially breaches this Agreement and such breach has not been cured (if capable of cure) within 10 days of notice of such breach. If such breach is not capable of cure, Patient may terminate this Agreement immediately by written notice to DMM.
12.4. Upon termination of this Agreement, Patient shall immediately discontinue use of the Service and shall not upload any further Patient Information. All Client Service Agreements shall continue in full force and effect.
12.5. Notwithstanding anything to the contrary set forth herein, Sections 1, 5.1, 7, , 10, 11, 12.4, 12.5 and 13 of this Agreement and any other provisions that by their terms survive termination, and any remedies for the breach thereof, shall survive the termination of this Agreement under the terms hereof. Termination of this Agreement shall not relieve or release either Party from any rights, liabilities or obligations which it has accrued prior the effective date of such termination.
13. General Provisions.
13.1. DMM will be deemed to have the status of an independent contractor, and nothing in this Agreement will be deemed to place the parties in the relationship of employer-employee, principal-agent, partners or joint venturers.
13.2. DMM will not be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, act of government, shortages of materials or supplies, or any other cause beyond the control of DMM.
13.3. Patient may not assign any rights or obligations under this Agreement. This Agreement shall be binding upon each Party’s permitted assigns and successors.
13.4. Should any provision of this Agreement be held to be void, invalid, or inoperative, the remaining provisions of this Agreement will not be affected and will continue in effect as though such provisions were deleted.
13.5. The failure of either Party to exercise any right or the waiver by either Party of any breach will not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of the Agreement.
13.6. All notices shall be in writing and given personally or by prepaid certified mail, return receipt requested, or sent by internationally-recognized overnight courier, personal delivery service or facsimile transmission addressed to the Parties hereunder at the addresses set forth under their respective signatures. Any such notice or communication shall be deemed to have been effectively given (i) in the case of personal delivery, on the date of such delivery, (ii) in the case of internationally-recognized overnight delivery courier, on the second business day after the date when sent, (iii) in the case of certified mail, on the fifth business day following that day on which the piece of mail containing such communication is posted and (iv) in the case of facsimile transmission, the date of telephone confirmation of receipt.
13.7. This Agreement will be governed and interpreted in accordance with the substantive law of the State of Alabama. This Agreement is not governed by the U.N. Convention on Contracts for the International Sale of Goods. The parties agree to the exclusive jurisdiction and venue of the courts located in Montgomery, Alabama with regard to any dispute relating to this Agreement or its subject matter.
13.8. The Parties agree that in case of a breach of the provisions of this Agreement relating to the unlicensed use or exploitation of DMM’s intellectual property rights, a remedy at law will not be adequate for DMMs protection, and accordingly DMM will have the right to seek, in addition to any other relief and remedies available to it, preliminary and final injunctive relief to enforce the provisions of this Agreement.
13.9. This Agreement, including the Schedules thereto, states the entire agreement between the Parties on this subject and supersedes all prior and contemporaneous negotiations, understandings, and agreements between the Parties concerning the subject matter. No modification of this Agreement will be effective unless in writing and signed by both Parties.
13.10. This Agreement shall be construed without presumption of any rule requiring construction to be made against the Party causing it to be drafted.
Donor Match Me understands the need for privacy, both on the internet and your personal health information. Donor Match Me takes all reasonable precautions to safeguard all information from unauthorized use or dissemination. We have regular security reviews and update our systems when necessary to ensure your privacy. Further, the structure of our service prevents us from obtaining any identifying or sensitive information about our users. Personal and payment information is processed separately from photo and donor searching.
You are identified to Donor Match Me using a username and password you generate. The downloaded images are unavailable once the facial recognition elements are completed. It is not possible to reconstruct the image from these elements. This is done to ensure your anonymity and the integrity of our privacy policies. It is not possible to identify an individual as either a donor or recipient through our website.
Donor Match Me, Inc. does not have access to any identifying information of any donor or patient. This service was purposely structured to protect your privacy and the privacy of the donors. Donor Banks have their own policies regarding donor privacy, and we work within the confines of their policies in all our operations.
The information and service provided by this website are for referral purposes only. All medical material and information should be reviewed with a healthcare provider. None of the information or services offered on this website should be used to replace medical advice from a healthcare professional.
Donor Match Me is a referral service only. As such, we are not responsible for errors in data input by either participating donor banks or any user. We do try to remove any donors which are no longer available, but it is the responsibility of participating banks to maintain their own data concerning their donors. Donor Match Me’s Policy is to insure that the information presented is correct and current, but Donor Match Me takes no responsibility for any omissions, error, or defects therein.
Donor Match Me, Partners, employees, and affiliates are not liable for any direct, indirect, incidental, or punitive damages arising from the access to, use or inability to access the site and the information therein. DonorMatchMe is not an affiliated with any sites which may be linked to this site, and is therefore not responsible for their content. The linked sites are for your convenience and therefore you access them at your own risk.
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