1. Introduction. Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the BioBridge Global websites and services. BioBridge Global websites include those for the South Texas Blood & Tissue Center, QualTex Laboratories, GenCure and The Blood & Tissue Center Foundation. Because BioBridge Global and each of its subsidiaries are nonprofit, tax-exempt corporations, website content and usage must also comply with applicable law governing nonprofit, tax-exempt entities. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the BioBridge Global websites and/or services. These Terms and Conditions are effective as of January 1, 2015.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by BioBridge Global) form a binding agreement between you and BioBridge Global and its subsidiaries. Your access to or use of the BioBridge Global websites and services indicates your acceptance of these Terms and Conditions. You are agreeing to use the websites and services at your own risk.
3. Certain Definitions. The following definitions apply to this Agreement:
3.1 "BioBridge Global materials" includes any materials, methodologies, implementation plans or other intellectual property existing or used during accessing any of these websites and/or services.
3.2 "BioBridge Global website" or the "Site" (collectively, the "BioBridge Global websites" or the "Sites") means any website under BioBridge Global's direct or indirect control, whether partial or otherwise and includes such site's content, text, graphics, design, programming, BioBridge Global materials and services (as applicable in each context).
3.3 "Content" includes all text, graphics, logos, buttons, other graphical elements and design and programming used on the sites.
3.5 "Text" includes all text on every page of the sites, whether editorial, navigational, or instructional.
3.6 "Document" refers to any posting to a site.
3.7 "Services" means any services provided by BioBridge Global or its subsidiaries described herein or as may be specified more fully in a signed agreement.
3.8 "User" refers to any individual or entity that uses any aspect of the sites.
3.9 "You" or "you" means the person who (or the entity on behalf of which you are acting) is agreeing to these Terms and Conditions.
4. Intellectual Property Rights and Acceptable Use of the Sites and Services.
4.1 General use rules. The sites are intended for individuals seeking information about BioBridge Global and its subsidiaries. You may use the sites only for lawful purposes within the stated context of BioBridge Global’s intended and acceptable use of the sites. BioBridge Global is the sole interpreter of the sites' intended and acceptable use.
4.2 BioBridge Global Intellectual Property Rights. The sites, the BioBridge Global materials and all right, title and interest in and to the sites and BioBridge Global materials are the sole property of BioBridge Global or, as applicable, a subsidiary or licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, BioBridge Global or, as applicable, a subsidiary reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell or distribute the content or BioBridge Global materials or use them in any other way for public or commercial purpose. This prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any services provided on the sites other than the search engine and search agents available from BioBridge Global on such BioBridge Global sites and other than generally available third-party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the content or information available from any of the BioBridge Global sites, without the express written consent of BioBridge Global. The use of the content on any other website or in a networked computer environment for any purpose is strictly prohibited. “BioBridge Global,” “South Texas Blood & Tissue Center,” “QUALTEX LABORATORIES® QualTex Laboratories,” “GenCure®,” “The Blood & Tissue Center Foundation” and “Texas Cord Blood Bank®” names and design logos and certain other names or logos are service marks or trademarks of BioBridge Global or a subsidiary, as applicable, and all related product and service names, design marks and slogans are the service marks or trademarks of BioBridge Global. In addition, the "look" and "feel" of the sites (including color combinations, button shapes, layout, design and all other graphical elements) are also owned by BioBridge Global as its intellectual property and protected by BioBridge Global's trademarks, service marks and copyrights. Any code that BioBridge Global creates to generate or display the content or the pages making up the sites is also protected by BioBridge Global's copyright or trade secret rights. You must retain all copyright, trademark, service mark and other proprietary notices contained on the content or BioBridge Global materials on any copy for which you receive prior written authorization from BioBridge Global to make of the content or BioBridge Global materials. All other product and service marks contained on the sites are the trademarks of their respective owners.
4.3 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the sites and services under the supervision of a parent, legal guardian or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the sites complies with these Terms and Conditions and all applicable laws.
4.4 User Submissions. BioBridge Global welcomes your comments regarding the services and the sites and appreciates hearing from you. Please note, however, BioBridge Global does not accept nor consider creative ideas, suggestions, inventions or materials other than those that it has specifically requested. If you submit feedback on the services, please be specific in your comments and do not submit creative ideas, inventions, suggestions or materials. If, despite this notice, you send BioBridge Global creative suggestions, ideas, drawings, concepts, inventions or other information (a "User Submission"), you understand and agree that the user submission shall become the property of BioBridge Global without compensation to you and without liability to BioBridge Global and its subsidiaries. User submission and any elements contained in user submissions shall not be subject to any obligation of confidentiality or privacy on BioBridge Global's or its subsidiaries’ part, and BioBridge Global and its subsidiaries will not be liable for any use or disclosure of any user submission. BioBridge Global shall exclusively own all now known or later discovered rights to the user submission and shall be entitled to unrestricted use without liability of the user submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
5. Third-Party Providers. You acknowledge and agree that BioBridge Global may provide services using third-party providers, including subcontractors and consultants (the “Third-Party Providers”).
6. Disclaimers and Limitations on BioBridge Global's Liability.
6.1 No endorsements by BioBridge Global. Nothing on the sites shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its website, products, services, employment or otherwise. Links from BioBridge Global and subsidiary pages to other websites do not constitute or imply an endorsement of those sites, their content or products and services associated with those sites.
6.2 Warranty disclaimers.
(a) THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BIOBRIDGE GLOBAL AND ITS SUBSIDIARIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. BIOBRIDGE GLOBAL AND ITS SUBSIDIARIES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) BIOBRIDGE GLOBAL AND ITS SUBSIDIARIES DO NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BIOBRIDGE GLOBAL AND ITS SUBSIDIARIES ARE NOT RESPONSIBLE FOR THOSE COSTS.
(ii) BioBridge Global makes no representations or guarantees regarding the content of the sites, including, but not limited to, broken links, inaccuracies or typographical errors.
6.3 Damage limitations, allocations of liability and equitable relief.
(a)YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS MATERIALS THAT YOU ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
(b) IN NO EVENT SHALL BIOBRIDGE GLOBAL (OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, DONORS OR ANY OF ITS SUBSIDIARIES’ OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS OR DONORS), BE LIABLE FOR ANY DIRECT, INDIRECT OR NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIOBRIDGE GLOBAL OR ANY OF ITS SUBSIDIARIES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN BIOBRIDGE GLOBAL AND ITS SUBSDIARIES' MAXIMUM AGGREGATE LIABILITY TO YOU AS A GROUP FOR ANY AND ALL TYPES OF DAMAGES, INCLUDING DIRECT, INDIRECT, CONSEQUENTAL AND NON-DIRECT, SHALL BE LIMITED TO U.S. $10.00 IN THE AGGREGATE.
(d) In addition to money damages that you may owe to BioBridge Global or its subsidiaries for your violating the Terms and Conditions, you agree that BioBridge Global and its subsidiaries will be entitled to equitable relief to prevent a breach of the Terms and Conditions by you.
7. Links to Other Sites. BioBridge Global websites may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by BioBridge Global or any subsidiary of the contents on such third-party websites. BioBridge Global and its subsidiaries are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party web sites, you do so at your own risk and expense.
8. Amendments to Terms and Conditions and Changes to Sites. BioBridge Global may revise these Terms and Conditions at any time without notice by updating this page. Changes will be binding on you on the date they are posted on the sites (or as otherwise stated in any notice of such changes). Any use of a site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable site any longer. Any new or different terms supplied by you are specifically rejected by BioBridge Global and its subsidiaries. BioBridge Global and its subsidiaries may change the sites at any time.
9. Indemnity. You agree to defend, indemnify and hold harmless BioBridge Global (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third-party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the sites.
10.2 Aggregate Information. Like most website operators, BioBridge Global directly or through its subsidiaries collects via its websites nonpersonally identifying information typically available through web browsers, such as the browser type, language preference, referring site and the date and time of each visitor request. BioBridge Global’s purpose in collecting nonpersonally identifying information is to better understand how BioBridge Global’s visitors use its websites. From time to time, BioBridge Global may release nonpersonally identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
10.3 Gathering of Personally Identifying Information. Certain visitors to BioBridge Global or its subsidiaries’ websites may choose to interact or communicate with BioBridge Global or its subsidiaries in ways that require BioBridge Global or its subsidiaries to receive or gather personally identifying information. The amount and type of information that BioBridge Global or any subsidiary receives or gathers depends on the nature of the interaction. For example, users who sign up for an account are asked to provide a username and email address. Those who interact or communicate with BioBridge Global or any subsidiary voluntarily provide additional information without expectation of privacy. In each case, BioBridge Global or a subsidiary intends to collect such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with BioBridge Global or a subsidiary. BioBridge Global and its subsidiaries do not disclose personally identifying information other than as described in these Terms and Conditions. Visitors may refuse to supply personally identifying information with the understanding that it may limit or prevent them from engaging in certain website-related activities. If you provide personally identifiable information, such as your email address, you understand and agree that BioBridge Global and its subsidiaries may send you emails, meeting or appointment reminders, requests for donations or contact you by phone or email for donation requests or to notify of volunteer opportunities, or to notify a donor chairperson (if you participate in a company campaign) for purposes of scheduling donations, to provide information to a disaster relief agency or similar activities or occasions.
Some ways that we may obtain personally identifiable information is when you provide it voluntarily and explicitly, including but not limited to:
- On a request for information
- On a survey or feedback form
- On a question submitted to one of our resources
- When you subscribe to our email bulletins
- When you access your account through one of our designated portals
Through any of the above forms or requests, visitors may be asked to furnish their names, addresses, phone numbers or email address. Unless provided by you, BioBridge Global cannot access any personal information from your visit to our website.
10.4 Protection of Certain Personally Identifying Information. BioBridge Global and its subsidiaries may disclose potential or actual personally identifying information to those of its employees, contractors and affiliated organizations that (i) need to know that information for use in the course and scope of employment or business duties in order to process it on BioBridge Global’s or a subsidiary’s behalf or to provide services available at BioBridge Global or subsidiary websites. BioBridge Global and its subsidiaries will not rent or sell potentially personally identifying and personally identifying information to any person or entity. BioBridge Global and its subsidiaries may disclose potential or actual personally identifying information only when required to do so by law, or when BioBridge Global believes in good faith that disclosure is reasonably necessary to protect the property or rights of BioBridge Global or its subsidiaries, third parties or the public at large. If you have used a BioBridge Global website and have supplied your email address, BioBridge Global and its subsidiaries may send you emails to send you appointment reminders, to schedule donations or to contact you with a request for a donation, to notify a volunteer donor chairperson (if you participate in a company campaign) for purposes of scheduling donations, to provide information to a disaster relief agency or similar activities or occasions. BioBridge Global uses reasonable efforts to protect against unauthorized access, use, alteration or destruction of potentially personally identifying and personally identifying information.
10.7 Risk and Responsibility. Please note that no electronic transmission of information can be secured entirely. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective against all adversaries. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your personal information will always remain private. As a user of a BioBridge Global website, you understand and agree that you assume all responsibility and risk for your use of any BioBridge Global website, the Internet generally, and the documents you post or access and for your conduct on and off any BioBridge Global website. Please also be careful to avoid "phishing" scams, where someone may send you an email that looks like it is from BioBridge Global or one of its subsidiaries asking for your personal information. BioBridge Global will not request your personal information through email.
11. Questions and Notices. Questions concerning the use of the sites should be directed to email@example.com or sent by mail to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as BioBridge Global reasonably determines is an appropriate address for you.
12. General. BioBridge Global websites are intended for use by United States persons within the United States. BioBridge Global and subsidiaries contact information is listed on the websites. BioBridge Global makes no claims that the content is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the sites. If you access BioBridge Global from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Texas without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state or federal courts in San Antonio, Bexar County, Texas. There is no special, fiduciary or other relationship between you and BioBridge Global and any subsidiaries. If any provision of these Terms and Conditions is found to be invalid by any court of competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All Terms and Conditions shall survive website termination except those granting access or use to the websites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any Term or Condition shall be deemed a further or continuing waiver of such Term or Condition. Except as expressly provided by BioBridge Global or any subsidiary in a particular "Legal Notice," or material on particular web pages of the sites, these Terms and Conditions constitute the entire agreement between you and BioBridge Global.
13. Rules Regarding Security. The following rules apply to your use of the sites and/or services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
13.1 Security Rules.
(a) Users are prohibited from violating or attempting to violate the security of the sites, including, without limitation: (i) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the sites, overloading, "flooding," "mail bombing" or "crashing;" (iv) sending unsolicited email, including promotions and/or advertising of products or services; (v) forging any graphic or any part of a graphic in any email.
(b) Violation of these Security Rules may result in civil or criminal liability. BioBridge Global will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
14. Copyright Complaints.
14.1 BioBridge Global respects the intellectual property of others. It is BioBridge Global's policy to respond to claims of copyright and other intellectual property infringement. BioBridge Global may investigate notices of alleged infringement and reserves the right to take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, BioBridge Global may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
14.2 Notifying BioBridge Global of copyright infringement: To provide BioBridge Global notice of an alleged infringement, you must provide a written communication to the attention of "Trust and Site Security" care of firstname.lastname@example.org that sets forth the information specified by the DMCA. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing a copyright.
1. Purpose. BioBridge Global subsidiaries may collect certain personal health information when you donate whole blood, red blood cells, plasma, platelets, peripheral blood stem cells and umbilical cord blood. This information is necessary for identification purposes, safeguarding the blood supply, recruitment, matching blood donors with recipients, testing and follow-up communications, as well as other donation-related activities that may be necessary for medical purposes or required by law. Although BioBridge Global and its subsidiaries are not “covered entities” under the Health Insurance Portability and Accountability Act (HIPAA) of 1996, as amended, and implementing regulations, 45 C.F.R. Parts 160 and 164, we respect the confidentiality of your health information, subject to the necessary uses described herein, and will take reasonable steps to protect the privacy of your personal health information. This policy describes our privacy practices and explains how we use and maintain your health information to the extent you provide it to ensure the adequacy and safety of your generous donations.
2. How BioBridge Global Subsidiaries May Use Personal Health Information. We may use your personal health information for the following purposes and in the following ways:
- To send you appointment reminders.
- To schedule your next donation or to contact you with a request for a donation.
- To notify a volunteer donor chairperson (if you participate in a company campaign) for purposes of scheduling donations (i.e. name, blood type, phone number) or for contacting you if there is an urgent need for your blood type.
- To provide information to a disaster relief agency if you are involved in a disaster relief effort.
- To prevent a serious threat to health or safety.
- To share information with health care providers involved in your treatment. For example, we may share information about your test results with your physician if you are an autologous donor (you are giving blood for your own use), you are giving blood for therapeutic treatment or you are undergoing a therapeutic apheresis procedure.
- To conduct internal operations including, but not limited to, quality control, quality improvement, training, employee evaluations, attorneys and insurers for professional liability or risk-management purposes or licensing or accreditation.
- To conduct business operations through business associates, for example, to install a new computer system requiring technicians to have access to records.
- In the event you experience a medical emergency, we may notify a family member or other responsible person of the medical emergency and provide information necessary to make treatment decisions. For example, if you have an adverse reaction to a blood donation, we may need to explain what happened and instructions regarding your care to a person driving you home or to receive medical care.
- We may use and disclose medical information for research purposes. All research projects are subject to an approval process, and we generally ask for your written authorization before using your personal health information for research purposes.
- As permitted or required by law. For example, Texas law permits blood banks to share certain information for the safety of the blood supply and for public health activities including, but not limited to, other blood banks, state agencies for donor safety, disease prevention, injury or disability, reporting deaths, reporting reactions, product problems, notification of recalls and infectious disease control.
- Health oversight activities by governmental or accrediting agencies, for example, audits, inspections, investigations and licensure.
- Judicial process related to lawsuits and disputes.
- Law enforcement activities, for instance, in response to a court order or other legal process.
- To military command authorities if you are a member of the armed forces or a member of a foreign military authority.
- National security and intelligence activities.
- Protection of the president of the United States, other authorized persons or foreign heads of state or to conduct special investigations.
- Notifying the National Marrow Donor Program (NMDP) if you have consented to participate in the Be The Match Registry®.
- Charitable fundraising activities, but such information will be limited to your name, address and phone number. You will have an opportunity to refuse to receive these communications.
- Informing you of a community need for additional blood and encouraging you to continue to be a blood donor.
- BioBridge Global and its subsidiaries may electronically use or disclose your personal information for one or more of the ways or purposes above.
3. Your Authorization Is Required for Other Disclosures. Except as described above and as permitted or required by law, we will not use or disclose your personal health information unless you authorize us in writing to disclose the information for the purpose you authorize. You may revoke your authorization by written letter, which will be effective only after the date of your written revocation.
4. You Have Options Regarding Your Health Information. You may request special confidentiality protections regarding your personal health information by written letter; however, there may be some requests that we cannot accommodate.
4.1 Confidential Communications. You may request communications in a certain way (for example, telephone or email) or at a certain location, but you must specify how or where you wish to be contacted.
4.2 Copy of Personal Health Information Record. You may request in writing a copy of the record containing your personal health information. We may require you to provide proof of identity and charge a fee for copying, mailing and supplies.