When you use the AGNIS Web site (located at www.agnis.net and referred to here as the "Web site"), you agree to be bound by the Terms of Use stated below. These Terms explain your legal obligations when using our Web
site. If you do not agree to these Terms of Use, please do not use this Web site.
The terms of use covers the following main areas:
Privacy
These Terms of Use also incorporate the terms of the Privacy Statement.
Medical Disclaimer
Information contained on this Web site is not a substitute for a doctor's medical judgment or advice. The National Marrow Donor Program® (NMDP) recommends that you discuss your specific, individual health concerns with your doctor or health
care professional. The materials and discussions presented here describe current treatment options and drugs or treatments 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 donor or cord blood unit.
Registration
- Certain functions of the AGNIS Web site, such as downloading software, require registration. 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, NMDP may prohibit your access to sections of the Web site requiring
registration.
- You are responsible for keeping your password confidential and agree not to allow anyone else to use your user name or password to access this Web site. You are fully responsible for all activities that occur under your user name and password. You
agree to immediately notify NMDP of any unauthorized use of your password or user name or any other breach of security of which you become aware.
- You may not register with a user name or e-mail address that is already being used by someone else or that belongs to another person, unless you have his or her consent. The NMDP may refuse to accept a user name for registration if someone else has
already registered with that user name or for any other reason at its own discretion.
- You agree that NMDP may access, preserve and disclose your registration information if required to do so by law or in the good faith belief that it is necessary to:
- Respond to your requests for customer service;
- Comply with legal process;
- Enforce these Terms of Use;
- Respond to claims that information you have provided violates the rights of others; or
- Protect the rights, property or personal safety of NMDP, its users and the public.
- You agree that NMDP may stop accepting your password and user name without prior notice if NMDP believes you have violated these Terms of Use or for any other reason. You agree that NMDP is not liable to you or any third party for denying you access
to any portion of the Web site.
Rules of Conduct
While using the Web site, you agree to comply with all applicable laws, rules and regulations. In addition, NMDP expects the users of the Web site to respect the rights and dignity of others. Therefore, when using this Web site, you agree not to:
- Post or submit information about another person or company without the authorization to do so.
- Interfere with any other user’s right to privacy by trying to access or collect information about any individual users of this Web site.
- Interfere with the functioning of the Web site or with other people’s use of the Web site in any way, including:
- Posting or transmitting 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.
- Interfering with the functioning of the Web site, its servers or networks.
- Hacking, defacing or modifying any portion of the Web site.
- Copy, republish, sell or use for commercial purposes any portion of this Web site unless you have prior written permission from the NMDP. This includes framing or mirroring
any part of the Web site, systematically downloading and storing any content, putting the content in a database or republishing it.
Links to Other Sites
The AGNIS Web site provides links to other Internet sites for informational purposes and the convenience of its users. NMDP is not responsible for the availability or content of these external sites, nor does NMDP control or guarantee the currency, accuracy,
relevance or completeness of information found on linked-to, external Web sites.
NMDP cannot guarantee that linked, external Web sites comply with Section 508 (Accessibility Requirements) of the Rehabilitation Act. While occasionally NMDP makes endorsements or recommendations, it does not recommend products or services that appear
as pop-up advertisements, and its endorsements are limited to those products and services that it explicitly recommends, and not those that may appear on its Web site for informational purposes.
Ownership of Web Site Content
Unless otherwise indicated, copyright in all material on the Web site is owned by NMDP. You are welcome to print copies for your personal use, except as otherwise provided in the terms of the Open Source Agreement with respect to the software available
for downloading from this web site. For any other use, NMDP copyrighted materials may not be reproduced in whole or in part without prior written permission from NMDP. For information about getting permission to use copyrighted materials and trademarks
owned by NMDP, see Copyright and Trademark Information.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NMDP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- NMDP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY
ERRORS IN THE SOFTWARE OR CODE UNDERLYING THE WEB SITE WILL BE CORRECTED.
- ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NMDP OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NMDP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NMDP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO YOUR USE OF THE WEB SITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold NMDP and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of, your
use of the Web site.
Governing Law and Jurisdiction
This Web site is controlled by the NMDP, which has headquarters in the State of Minnesota in the United States. The laws of the State of Minnesota govern the contract formed by these Terms of Use. You agree that the federal court of the District of Minnesota,
if it has subject matter jurisdiction, has exclusive jurisdiction to hear and determine any claims or disputes between you and NMDP (and its members, managers, officers, employees, agents and the assigns of same), pertaining directly or indirectly
to these Terms of Use, or to any matter arising from your use of the Web site. If such federal court lacks subject matter jurisdiction, any state court located in Hennepin County, Minnesota, shall have exclusive jurisdiction to hear and determine
such claims or disputes.
Changes to the Web Site
NMDP can change or remove, either temporarily or permanently, the Web site or any part of it at any time and without prior notice to you. You agree that NMDP is not liable to you or to anyone else for any change or discontinuance to the Web site or any
content, feature or product offered on the Web site.
Waiver and Severability
If the NMDP does not exercise or enforce any particular right or provision in these Terms, the NMDP does not waive that right or provision. If a court finds any provision of these Terms invalid, then you and the NMDP agree that the court should try to
follow the intention of that provision and that all other provisions of these Terms will remain in effect.
Changes to Terms of Use
NMDP may change these Terms of Use at any time by posting the changed Terms on the Web site. All terms are automatically effective as soon as they are posted.