CELLULAR MEDICINE ASSOCIATION, INC.
WEBSITE TERMS AND CONDITIONS
Effective as of April 3, 2020
BY ACCESSING THIS SITE AND/OR CLICKING THE CLICK & AGREE TAB, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS THIS SITE OR CLICK ON THE CLICK & AGREE TAB.
***YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION, COMMENTS, DOCUMENTS, IMAGES OR GENERAL CONTENT YOU ENTER IN OR POST ON THE SITE, INCLUDING ANY PERSONAL INFORMATION ENTERED WHEN YOU REGISTER ON THE COVID-19 RECOVERED PATIENT PLASMA PROVIDER DATABASE, OR THE PHYSICIANS SEEKING COVID-19 RECOVERED PATIENT PLASMA DONATIONS DATABASE, MAY BE VIEWED BY OTHER USERS WITH ACCESS TO THE SITE, AND THEREFORE WILL NOT BE CONSIDERED CONFIDENTIAL BY YOU.***
***BY PROVIDING ANY SUCH INFORMATION, COMMENTS, DOCUMENTS, IMAGES, GENERAL CONTENT, OR DATABASE REGISTRATION PERSONAL INFORMATION TO CMA, YOU GRANT TO CMA AN UNRESTRICTED, IRREVOCABLE, WORLDWIDE, ROYALTY-FREE LICENSE TO USE, REPRODUCE, DISPLAY, PUBLICLY PERFORM, TRANSMIT AND DISTRIBUTE SUCH INFORMATION, COMMENTS, DOCUMENTS, IMAGES, GENERAL CONTENT, OR DATABASE REGISTRATION PERSONAL INFORMATION ON THIS SITE.***
YOU HEREBY AGREE THAT CMA IS FREE TO USE ANY IDEAS, CONCEPTS OR KNOW-HOW THAT YOU, OR INDIVIDUALS ACTING ON YOUR BEHALF, PROVIDE TO CMA.
YOU FURTHER AGREE THAT ANY COMMENTS, FEEDBACK OR RECOMMENDATIONS MADE BY YOU FOR THE IMPROVEMENT OR MODIFICATION OF THE SITE OR THE PUBLIC SERVICE INFORMATION/SERVICES HEREIN SHALL BE THE SOLE PROPERTY OF CMA.
These Terms apply only to the use of certain U.S. websites which are owned and/or operated by or on behalf of CMA and/or its affiliates (each, a “Site,” and, collectively, the “Sites”), or available through our authorized third parties, or by any of the other means described herein. This Site and any of the public service information/services provided in connection with the Site are being provided to you expressly subject to these Terms, which govern your use of the Sites. These Terms shall take effect immediately on your first use of the Site. If you do not agree to these Terms, you are not authorized to access, browse, provide information, or otherwise use the Sites.
CMA makes the Site available subject to the terms and conditions set forth herein and all applicable laws. By accessing, browsing, providing information, or otherwise using (collectively, “use” or “using”) the Site, you acknowledge that you, the individual user of the Site, have read, understood and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification. By using the Site, you further acknowledge that you have the authority to and do hereby legally bind the business entity, if any, which you serve as an agent, independent contractor or employee thereof to the same Terms, without limitation or qualification.
When we refer to “CMA”,” “we,” “us” or “our,” we mean Cellular Medicine Association, Inc. or the specific individual, subsidiary, or affiliate that operates the Site, provides its content, or processes information received through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person accessing, browsing, or providing information to the Site. If the person accessing, browsing, or providing information to the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business or other organization.
CMA values your interest in the information provided on this Site and appreciates your visit to our Sites. This Site provides information relating to the Covid-19 virus, including a database of patients who have recovered from the Covid-19 virus and are willing to make plasma donations; and, a database of physicians who are seeking plasma donations from patients who have recovered from the Covid-19 virus. Use of the Site is limited to legitimate purposes. CMA may, from time to time, introduce new features to the Site, or modify or delete existing features, in its sole discretion. CMA shall notify you of any of these changes to features to the extent CMA is required by law to do so. By using any new or modified features if/when they become available, you agree to be bound by these Terms concerning such features.
Any access or attempted access of other areas of CMA’s computer systems and third-party systems that CMA utilizes, or other information contained therein for any purpose is strictly prohibited. You agree not to interfere in any way with others’ use of or access to this Site. CMA reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties.
CMA has the right to modify, suspend or discontinue, temporarily or permanently, the Site, any public service information provided by CMA through the Site, including the Covid-19 Recovered Patient Plasma Provider database and the Physicians Seeking Covid-19 Recovered Patient Plasma Donations database, or your right to access or use any portion of the Site, in CMA’s sole discretion, at any time and without prior notice, for any reason, including without limitation, (1) attempts by you (or another party) to gain unauthorized access to this Site or assist others in attempting to do so, (2) your (or another party’s) disabling of any security features on this Site, (3) your violation of these Terms, (4) suspected or actual infringement of a third party’s intellectual property rights, or (5) pursuant to requests by law enforcement or other government agencies.
You warrant to CMA that you will not attempt to gain unauthorized access to any, information, database, services offered by CMA or computer systems or networks connected to any CMA server through hacking, password mining or any other means. You may not obtain or attempt to obtain any information or database access through any means not intentionally made available by CMA. When using the Site, you agree not to pretend to be someone else or to spoof their identity.
Use of the Site
As a user of the Site, you have a non-exclusive, nontransferable, limited, revocable license to use the Site solely for your internal business use. You may not use the Site for any other purpose whatsoever. Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of the Site without the prior written consent of CMA, which consent may be withheld, conditioned or delayed in its sole discretion, except that you may print out a copy of the content solely for your internal business use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark or any other proprietary notice or legend appearing on any of the content. You are prohibited from including any links without the prior written consent of CMA, which consent may be withheld, conditioned or delayed in its sole and absolute discretion.
Copyrights/Trademarks/Restrictions on Use
Intellectual Property and Restrictions on Use of Information and Content
All information and content provided on the Site, whether explicitly marked or not, is the property of CMA, its affiliated companies or others, and are subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation and software, their related files and their arrangement on the Site.
All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on the Sites are owned by CMA, its affiliated companies, or affiliates, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.
You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish or otherwise use any information, content or Marks provided on the Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of CMA. You are not permitted to create a hyperlink to any page or portion of any Sites or frame any page or portion of any Site without the prior written permission of CMA. You may, however, copy, print or otherwise use the information, content or Marks provided on the Site, provided that the use is for your personal, educational or internal business use only and further provided that you (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any services, products, brands or affiliates through the use of any information or content. Other use of any information, content or Marks, except as specifically permitted in these Terms or in a written instrument signed by CMA, is strictly prohibited. Nothing contained in any Site shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of CMA or any third party. Any use of the information, content or Marks provided on any Site that does not comport with these Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.
CMA makes no representation that public service information and materials provided on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access any Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Links and Search Results
For the avoidance of doubt, our Site may automatically produce search results that reference or link to third-party sites throughout the internet. CMA has no control over those sites or the content within them. CMA cannot guarantee, represent or warrant that the content contained in any of those sites is accurate, legal and/or not offensive. CMA does not endorse the content of any third-party site, nor do we warrant that such sites will not contain viruses, malware, or otherwise impact your computer or other access device. By using our Site to search for or link to another site, you agree and understand that you may not make any claim against CMA for any damages or losses whatsoever resulting from your use of the Site to obtain search results or to link to another site. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you have a problem with a link from the Site, please notify us via email and we will investigate your claim promptly and take any actions we deem appropriate in our sole discretion.
This Site may not be used by our visitors for any commercial purposes other than to view public service information collected and provided by CMA. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing any offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to the Site for any user known or reasonably believed to be in violation of this provision.
Violation of the Terms
You understand and agree that in CMA’s sole discretion, and without prior notice, we may terminate your access to our Sites, remove your directory registration, or exercise any other remedy available if we believe you violated these Terms or the rights of CMA, another user, or the law. You agree that monetary damages may not provide a sufficient remedy to CMA for violations of these Terms, and you consent to injunctive or other equitable relief for such violations. CMA may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity.
CMA is not responsible for the services, actions or failures to act of any third party referenced on this Site. Without limiting the foregoing, you may report the misconduct of any user and/or third-party referenced on or included in this Site to us via email. We may investigate the claim and take appropriate action, in our sole discretion.
YOU USE THIS SITE AND THE PUBLIC SERVICE INFORMATION MADE AVAILABLE ON THE SITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT OFFERED THROUGH THE SITE, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS ON ANY SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES, MALWARE, OR OTHER HARMFUL CODE, TITLE, OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, AND SERVICES OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND AND IS USED AT YOUR OWN RISK. IN NO EVENT WILL CMA, OR ITS AFFILIATES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF CMA OR ITS AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST CMA IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES.
Without limiting the above disclaimers, CMA, CMA Companies, and CMA Affiliates and licensees and its and their respective directors, members, shareholders, officers, employees and agents (1) make no warranties or representations whatsoever concerning the Site or any other Internet site, the access to, or the availability or use of, the Site or any other Internet Site, the information and content from whatever source posted on or referred to in the Site or any other Internet site, or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, the Site or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Site or any other Internet site is, or the information or content from whatever source available for use or downloading are, free of computer viruses, malware, worms, or other harmful components; (3) do not represent or warrant that any information listed on, or accessed through, the Site will be available or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such information; and (4) do not represent or warrant the accuracy or any other aspect of information from whatever source posted or accessed through the Site.
The Site may use hyperlinks as a convenience to you so that certain reference material, CMA-related subjects, and other pertinent material are easily accessible. Linked and referenced sites may not be operated, controlled or maintained by CMA. Hyperlinks and references to other sites do not constitute sponsorship, endorsement, or approval by CMA of the information, content, policies or practices of such linked or referenced sites. CMA and its affiliates do not accept any responsibilities for any information or content, availability, policies, practices, or any use of such sites. You access, browse and use such sites at your own risk.
CMA has no obligation to update any information or content on any Site. Accordingly, CMA and its affiliates assume no responsibility regarding the accuracy of the information or content provided on any Site. Any use of the information or content provided on the Site is done at your own risk.
Copyright and Trademark Notices
All content of the Site is © 2020 Cellular Medicine Association, Inc. All rights reserved. CMA and all related names and logos are either registered trademarks or trademarks of Cellular Medicine Association, Inc. or an affiliate, in the United States and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Cellular Medicine Association, Inc. is not responsible for content on websites operated by parties other than CMA.
These terms shall be governed by and construed under the laws of the State of Alabama, United States of America, without regard to conflict of laws principles. Any legal action with respect to any transaction subject to these Terms must be commenced within one year after the cause of action has arisen. Any actions arising out of use of the Site shall be commenced exclusively in the state or federal courts of competent jurisdiction in Mobile, Alabama USA. You agree to submit to the jurisdiction of these courts and waive any claim that venue is improper for any reason in these courts.
CMA controls its Site (excluding linked sites) from its offices in the United States of America and makes no representation that any content contained in the Site is appropriate or available for use in other locations. Accessing the Site in locations where the use of such content is illegal is prohibited. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The section titles herein are for convenience of reference only and have no legal or contractual effect.
By using the Site, you agree that CMA, at its sole discretion, may require you to submit any disputes arising from the use of the Site, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute. By using this Site, you further agree that you will not use this Site or any materials available hereon for any unlawful activity or use it in any way that would violate any of these Terms. When applicable, you further agree, as a condition of using this Site, to ensure that all your agents, employees and independent contractors adhere to these Terms.