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. Your access to or use of the BioBridge Global website and/or services indicates your acceptance of these Terms and Conditions. You are agreeing to use the website and/or services at your own risk.
3. 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 your access of the website and/or services.
3.2 “BioBridge Global website” or the “Site” 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 Site.
3.5 “Text” includes all text on every page of the Site, whether editorial, navigational, or instructional.
3.6 “Document” refers to any posting to the 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 Site.
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 Site and Services.
4.1 General use rules. The Site is intended for individuals seeking information about BioBridge Global. You may use the Site only for lawful purposes within the stated context of BioBridge Global’s intended and acceptable use of the Site. BioBridge Global is the sole interpreter of the Sites’ intended and acceptable use.
4.2 BioBridge Global Intellectual Property Rights. The Site, the BioBridge Global materials and all right, title and interest in and to the Site 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 Site; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes to navigate, search or access, any web pages or any services provided on the Site other than the search engine and search agents available from BioBridge Global on such BioBridge Global Site 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 the BioBridge Global Site, 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®,” “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 Site (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 Site 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 Site 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 Site 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 Site 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 Site complies with these Terms and Conditions and all applicable laws.
4.4 User Submissions. BioBridge Global welcomes your comments regarding the services and the Site and appreciates hearing from you. If you submit feedback on the services, please be specific in your comments. If 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 . User Submissions and any elements contained in User Submissions shall not be subject to any obligation of confidentiality or privacy on BioBridge Global’s part, and BioBridge Global 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 Warranty disclaimers.
(a) THE SITE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BIOBRIDGE GLOBAL, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE. BIOBRIDGE GLOBAL MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) BIOBRIDGE GLOBAL DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BIOBRIDGE GLOBAL IS NOT RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH SUCH SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA.
(ii) BioBridge Global makes no representations or guarantees regarding the content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
6.2 Damage limitations, allocations of liability and equitable relief.
(a)YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS MATERIALS THAT YOU ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(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 SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIOBRIDGE GLOBAL 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’S MAXIMUM AGGREGATE LIABILITY TO YOU 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 monetary damages that you may owe to BioBridge Global for your violation of these Terms and Conditions, you agree that BioBridge Global will be entitled to equitable relief to prevent a breach of these Terms and Conditions by you.
7. Links to Other Sites. BioBridge Global’s website 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 of the contents on such third-party websites. BioBridge Global is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk and expense.
8. Amendments to Terms and Conditions and Changes to Site. 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 Site (or as otherwise stated in any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on the Site. If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by BioBridge Global. BioBridge Global may change the Site at any time.
9. Indemnity. You agree to defend, indemnify and hold harmless BioBridge Global (and its , 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 Site.
10.2 Aggregate Information. Like most website operators, BioBridge Global collects via its website non-personally 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 non-personally identifying information is to better understand how BioBridge Global’s visitors use its website. From time to time, BioBridge Global may release non-personally 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’s website may choose to interact or communicate with BioBridge Global in ways that require BioBridge Global to receive or gather personally identifying information. The amount and type of information that BioBridge Global 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 voluntarily provide additional information without expectation of privacy. In each case, BioBridge Global intends to collect such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with BioBridge Global. BioBridge Global does 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 may send you emails or contact you by phone to provide meeting or appointment reminders, requests for blood or other blood-related donations, to notify you of volunteer opportunities, to notify a blood 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.
10.4 Protection of Certain Personally Identifying Information. BioBridge Global and 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 behalf or to provide services available on BioBridge Global’s website. BioBridge Global will not rent or sell potentially personally identifying and personally identifying information to any person or entity. BioBridge Global 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, third parties or the public at large. 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 the BioBridge Global website, you understand and agree that you assume all responsibility and risk for your use of the BioBridge Global website, the Internet generally, and the documents you post or access and for your conduct on and off of the 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 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 Site should be directed to email@example.com or sent by mail to the address listed on the Site. 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’s website is intended for use by United States persons within the United States. BioBridge Global’scontact information is listed on the website. 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 Site. If you access the BioBridge Global website from outside of the United States, you do so at your own risk and you 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. 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 website, 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 in a particular “Legal Notice,” or material on particular web pages of the Site, 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 Site 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 Site, 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; (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.
Revised September 1, 2020