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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site. You may not share or use any donor's or patient's information from this website with any other company, hospital or entity without the prior written consent of MatchingDonors.com.
MatchingDonors.com and the services offered by MatchingDonors.com are not endorsed by the U.S. Department of Health and Human Services or any of its agencies or instrumentalities. *All donations on this site are only from living donors, not from deceased donors.
Section 301 of the National Organ Transplant Act of 1984 (NOTA), as amended, prohibits any person from knowingly acquiring, receiving, or otherwise transferring any human organ for valuable consideration for use in human transplantation if the transfer affects interstate commerce. 42 U.S.C. 274e(a). Violators of this criminal prohibition can be subject to $50,000 fines and/or five years of imprisonment.
MatchingDonors, Inc. ("MatchingDonors") may revise and update these Terms and Conditions at any time. Your continued usage of the MatchingDonors website ("MatchingDonors Site," or the "Site,") will mean you accept those changes.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The contents of the MatchingDonors Site, such as text, graphics, images, information obtained from MatchingDonor’s licensors, and other material contained on the MatchingDonors Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the MatchingDonors Site!
Remember, like patients, donors can and most likely will be testing for more than one patient at a time.
If you think you may have a medical emergency, call your doctor or 911 immediately. MatchingDonors does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by MatchingDonors, MatchingDonors employees, others appearing on the Site at the invitation of MatchingDonors, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we actually know is a child under the age of 18.
USE OF CONTENT.
MatchingDonors authorizes you to view or download a single copy of the material on the MatchingDonors Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2003, 2004, 2005, 2006, 2007, 2008, 2009 MatchingDonors, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the MatchingDonors Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with MatchingDonors or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of MatchingDonors. All rights not expressly granted herein are reserved to MatchingDonors and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
USE of NAMES, LOGOS ETC..
To state the policy of MatchingDonors, MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc regarding the use of its name, registered marks, logos, other indicia, and the names of its employees, directors and officers.
Name - MatchingDonors, MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc
Registered Mark - Words and images representing MatchingDonors, MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc which have been registered with the federal Office of Patents and Trademarks and/or the Massachusetts Secretary of State.
Logos - Officially adopted words, images or combinations of words and images representing MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc.
Indicia - Various words, images, colors, and combinations of words, images and colors that have come to be associated with MatchingDonors, MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc in the minds of the public which may or may not have been made a registered mark but in which MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc has a proprietary interest through prior use or identification. As used herein, the term, "indicia," encompasses name, registered marks, logos and other indicia.
MatchingDonors, MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc. is the owner of all rights, titles and interests in and to certain designations comprising designs, trade names, trademarks and service marks including, without limitation, the names “MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc,” logotypes and seals incorporating one or more of the foregoing names and/or abbreviations, and certain logo graphics and/or symbols which have come to be associated with MatchingDonors.org.
In consideration of the valuable property rights inherent in the MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc name and indicia which are inseparable from the good name and reputation of MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc both domestically and internationally, this policy is established to govern the use of the MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc name and indicia.
Use of MatchingDonors, MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc indicia on or in connection with items using the name, logo or other indicia of any non- MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc entity or otherwise for commercial purposes, including but not limited to seminars, conventions, paid continuing education programs, and class credit programs shall be subject to a licensing agreement between the external entity and MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc may require the payment of a royalty. It is the exclusive right of the CEO to waive or set the price of this royalty. All royalty agreements must be presented by the “user” to the CEO of MatchingDonors.com at least 30 day prior to the event. Licensable use includes products offered for sale as merchandise, offered promotionally as merchandise, represented in association with any non- MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc entity or otherwise in any printed, electronic or other medium.
Questions regarding any use of MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc indicia as described above should be directed to the Office of the CEO of MatchingDonors.com. Only the CEO of MatchingDonors.com can negotiate, waive or accept any licensing agreement. These agreements will only be in writing.
Agreements by which MatchingDonors, MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc technology is licensed require that the licensee may make no use whatsoever of MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc.’s name, or of the name of any MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc employee (including without limitation the name of any named inventor of any Licensed Patent or Licensed Know How), in any news releases, advertisements, promotional materials, or otherwise, without the prior written consent of MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc for each such use as follows. Also, written approval must be granted in writing prior for the use of MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc’s name by the licensee if such use meets the following conditions:
1. Use is in a general context.
2. Used in brochures, flyers or promotional materials
2. No direct or implied endorsement by MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc is created.
3. Perceived use has a positive, negative or neutral impact on MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc's image.
Proposals for use of MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc’ s name meeting the above criteria may only be approved in writing by the CEO of MatchingDonors.com. Proposals not meeting the above criteria or which are not modified by the licensee to meet the above criteria will be referred to the CEO of MatchingDonors.com.
If the use of a MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc or MatchingDonors.org Inc’ s employee, director or officer’s name is proposed by a sponsor, both the written approval of MatchingDonors.com, MatchingDonors.org, MatchingDonors Inc and MatchingDonors.org Inc’ s and a written release from the employee, director or officer are required.
LIABILITY OF MATCHINGDONORS AND ITS LICENSORS.
The use of the MatchingDonors Site and the Content is at your own risk. MatchingDonors.com does not guarantee any success, in any manner, to anyone using this website.
When using the MatchingDonors Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of MatchingDonors and its suppliers. Accordingly, MatchingDonors assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the MatchingDonors Site.
The MatchingDonors Site and the content are provided on an "as is" basis. MATCHINGDONORS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, MatchingDonors, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the MatchingDonors Site or MatchingDonors.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the MatchingDonors Site.
In no event shall MatchingDonors, its licensors, its suppliers, or any third parties mentioned on the MatchingDonors Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the MatchingDonors Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MatchingDonors is advised of the possibility of such damages. MatchingDonors shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. MatchingDonors is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
A lifetime membership to the MatchingDonors.com website covers the life of the MatchingDonors.com website, or the point at which the patient receives a transplant (whichever comes first)--not the life of the subscriber, member or patient. If the patient receives a transplant all access to MatchingDonors.com is terminated until such time the patient needs anther transplant. The lifetime membership is not transferable. The membership remains in effect if MatchingDonors.com needs to be repaired or replaced due to a malfunction. Because a lifetime membership is linked to a particular person, it cannot be transferred to any other person.
Of course, websites don't last forever and their lifespan will vary. MatchingDonors.com makes no representations or warranties as to the expected lifetime of the MatchingDonors.com website.
When you put in your information into MatchingDonors.com, and you do not sign up for a membership, you agree to be contacted by MatchingDonors.com by telephone and e-mail on a regular basis to see if we can help you get your membership completed.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to MatchingDonors by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to MatchingDonors by email, you agree such submission is non-confidential for all purposes.
If you make any submission to the MatchingDonors website whether in a Public Area or Private Area or if you submit any business information, idea, picture, story, concept or invention to MatchingDonors in any manner , you automatically grant and warrant that the owner of such content or intellectual property has expressly granted--MatchingDonors a royalty-free, perpetual, irrevocable, world-wide exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the story, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. MatchingDonors may sublicense its rights through multiple tiers of sublicenses. Any broadcast, rebroadcast, reproduction, or other use of the pictures and accounts of any patient's or donor's story without the express written consent of MatchingDonors.com is prohibited. Any story or article written or broadcast about any patient or donor on MatchingDonors.com must be approved by MatchingDonors.com. Approval must be requested in writing by contacting MatchingDonors.com at ContactUs@MatchingDonors.com. We try to answer every email in a timely manner, but are not always able to do so.
MEMBERSHIP SUBSCRIPTION, BILLING TERMS & TRIAL PERIOD TERMS
1. CREATING YOUR SUBSCRIPTION; RESPONSIBILITY FOR OTHERS
MatchingDonors.com is free to use for Potential Organ Donors. A membership rate per month is charged to individuals (Patients) seeking a Potential Organ Donor. Additional products and services can be purchased from MatchingDonors.com. Membership rates may be waived for patients who cannot afford it.
By subscribing, participating in, accessing or otherwise using MatchingDonors.com, you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, do not subscribe to, participate in, download or install items from, access or otherwise use MatchingDonors.com. If you are purchasing an MatchingDonors.com subscription, you represent and warrant that: (1) you are at least 18 years of age; (2) all information you submit is true and accurate, and your use of MatchingDonors.com after a membership is activated acts as your legal "signature on file" on any applications or charges (3) you are an individual authorized to use the designated credit card or other acceptable payment method you have selected for payment of MatchingDonors.com charges; including HELPCARD and (4) you possess the legal right and ability to enter into this Agreement and to use MatchingDonors.com in accordance with this Agreement. (5) You take on the full responsibility of finding a transplant center that will take your donors from MatchingDonors.com. (6) With your MatchingDonors.com account you will be proactive. So you will do the following:
A. Send your profile out to every donor in our database by pressing on the EDIT/UPDATE PATIENT PROFILE button on the top of the patient desktop page, then scroll to the bottom of the next page and press on the SUBMIT/UPDATE button. You will do this at least three times per week until you find your matched donor and have your surgery.
B. Every day you will receive a list of donor's profiles from your "Search Agents"; theses are donors that want to be contacted. This is the most likely place for patients to find their donors. This is the best way for patients to find donors since patients can't search for donors any other way. You do not have a searchable list of donors where you can search every donor in the database. You will respond to every blood compatible donor that you receive through the search agent at least three times per week, by responding by contacting the donors -your messages to them and their subsequent messages to you will be in your In-Box above.
C. You will contact all donors that you can by telephone, and through your search agent outbox, if the donor can only be contacted through their MatchingDonors.com In-Box send them your profile, asking them to call you. Some of the donors that you receive by the Search Agent or contact you may not be a compatible blood type. These are still great donors that may be willing to do a paired exchange in order to get your organ donated to you. We have had tremendous success with paired exchanges. If you do not want to do a paired exchange you do not need to contact these donors.
D. You will not deal with any donors or hospitals outside of the United States. Most hospitals in the United States will not accept them, and we will not support them.
Do not give any money to any donor for any reason, all money to donors for any reason need to be paid by your hospital.
Your subscription is personal to you, you agree not to assign, transfer, resell or sublicense your rights as a subscriber. "You" (and "your") as used throughout this Agreement shall mean you and any person utilizing your subscription.
You may allow other people on your behalf to use your subscription, provided that you agree to pay all applicable charges that are incurred by yourself or others utilizing the subscription. However, you may not allow former subscribers whose subscriptions have been terminated to use your subscription. As between MatchingDonors.com and you, you are solely responsible for all usage of your subscription by others, including any violations of this Agreement by such users. MatchingDonors.com will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MatchingDonors.com or another party due to someone else using your account. The party being billed for the subscription (that is, the party who is responsible for the credit card or other payment account associated with your subscription) has the right to cancel the subscription at any time, make changes to any subscription information and to request and receive usage information related to the subscription.
MatchingDonors.com will bill you through an online account (your "Billing Account") for charges you incur for services and items obtained under this Agreement (the "Products"). You agree to pay MatchingDonors.com all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Billing Account, and you authorize MatchingDonors.com to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. Charges on your Billing Account will be summarized for you in an email sent to the email address you provided at initial MatchingDonors.com sign-up. You agree that such emails are the only statement of your Billing Account that MatchingDonors.com needs to provide to you. YOU ALSO AGREE THAT IT IS YOUR RESPONSIBILITY TO PRINT A COPY OF EACH EMAIL FOR YOUR RECORDS AND TO RETAIN THOSE RECORDS UNTIL YOU NO LONGER NEED THEM. Your inability to view or receive email does not extend or relieve you of your obligation to pay any amounts owing to MatchingDonors.com. MatchingDonors.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED. UPDATES OR CHANGES TO SUCH INFORMATION (SUCH AS AN UPDATED BILLING ADDRESS, CREDIT CARD NUMBER OR EXPIRATION DATE) CAN BE MADE IN THE ACCOUNT MANAGEMENT SECTION OF THE MATCHINGDONORS.COM DESKTOP, BY CALLING MATCHINGDONORS.COM CUSTOMER SUPPORT, OR AS OTHERWISE SPECIFIED BY MATCHINGDONORS.COM. YOU MUST ALSO PROMPTLY NOTIFY MATCHINGDONORS.COM IF YOUR PAYMENT METHOD IS CANCELED (E.G., LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL FOR BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. NOTWITHSTANDING THE FOREGOING, IF YOU FAIL TO PROVIDE THIS UPDATED INFORMATION, YOU AGREE THAT MATCHINGDONORS.COM MAY CONTINUE CHARGING YOU FOR YOUR NON-TERMINATION OR CONTINUED USE OF ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT, AND WILL CHARGE YOU A $25 CHARGE FOR EACH TIME YOUR REJECTED, RETURNED OR UNPAID CHARGE TO MATCHINGDONORS.COM OCCURS; YOU WILL ALSO BE CHARGED A $25 REACTIVATION FEE.
MatchingDonors.com will use commercially reasonable efforts to correct any errors relating your Billing Account within a reasonable time. Unless you notify MatchingDonors.com of such error within sixty (60) calendar days after a charge is made to your Billing Account, it will be deemed accepted by you for all purposes, including resolution of inquiries made by your Payment Method Provider. TO THE EXTENT ALLOWED BY LAW, YOU RELEASE MATCHINGDONORS.COM FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO MATCHINGDONORS.COM WITHIN 60 DAYS AFTER THE DATE OF THE ERROR
Currency exchange settlements will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (called the "Payment Method Provider"). If MatchingDonors.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account(s) upon demand.
Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not charged to you or your selected Payment Method by MatchingDonors.com.
If the amount to be charged to your Billing Account varies from the amount you preauthorized, you have the right to receive, and MatchingDonors.com shall so provide upon written request by you, notice of the amount charged and the date of the charge. Any agreement you have with the Payment Method Provider will govern your use of that Payment Method. You agree that MatchingDonors.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Any amount financed through MatchingDonors.com will incur a one time five dollar fee.
MATCHINGDONORS.COM MAY SUBMIT PERIODIC (E.G., MONTHLY) CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE MATCHINGDONORS.COM REASONABLY COULD ACT.
Your non-termination or continued use of the Products on your Billing Account reaffirms that MatchingDonors.com is authorized to charge your Payment Method. MatchingDonors.com may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive MatchingDonors.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered a membership.
3. REFUND POLICIES
You understand that the MatchingDonors.com service will commence as soon as MatchingDonors.com receives and processes your initial payment. You agree that any statutory right to withdraw from the MatchingDonors.com service will be waived as soon as the MatchingDonors.com service commences. If you cancel your MatchingDonors.com account within 3 business days from date of purchase, MatchingDonors.com will provide a full refund. If however, you cancel your MatchingDonors.com account thereafter you will not be entitled to any refund of fees. All refund requests must be sent by certified mail, via the postal service to our mailing address - signature required -, to MatchingDonors.com, 766 Turnpike Street, Canton, MA 02021. Whenever notice of intention to cancel and request a refund is required to be given by certified mail, no cancellation shall be effective unless and until such method is employed and completed. Failure to send this notice, as provided in this section, or any use of the MatchingDonors.com website after cancellation invalidates the ability of a refund. Refunds will be sent out from MatchingDonors.com within 60 days of qualifying refund.
4. DUE DATE; LATE CHARGE; COLLECTION COSTS
The amount due to MatchingDonors.com for your Billing Account must be paid in full by your Payment Method Provider on the date such payment is requested by MatchingDonors.com and not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by MatchingDonors.com on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. MatchingDonors.com reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Agreement and in collection of any delinquent amounts due, including reasonable legal fees and costs.
5. TERMINATION, CANCELLATION OR SUSPENSION
You must contact MatchingDonors.com Customer Service two ways - directly by telephone AND by e-mail to cancel any subscription. You may cancel a subscription at any time upon notice to MatchingDonors.com by e-mailing your request for cancellation to Contactus@MatchingDonors.com , AND by calling MatchingDonors.com Customer Support at 781-821-2204. If you request immediate cancellation, your cancellation shall normally be effective within 24 hours following the date and time on which notice of cancellation is provided; otherwise, your cancellation will be effective on the last day of your current subscription billing cycle for which you have prepaid. You will not receive a pro-rated refund of any fees that you may have accrued on your Billing Account before cancellation. MatchingDonors.com reserves the right, in its sole discretion, to suspend or terminate your subscription and/or access to MatchingDonors.com or any portion thereof at any time for any reason, without notice, including for reasons of nonpayment of any charge as required by this Agreement or for any other breach of this Agreement by you or any other person using your subscription. Termination, cancellation or suspension, whether by you or MatchingDonors.com, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before MatchingDonors.com could reasonably act on your termination notice). If your subscription is terminated or cancelled for any reason and you later wish to resubscribe, the earlier subscription information (such as your Gamer tag and game statistics) will not be transferable to your new subscription.
6. SUBSCRIPTION RENEWAL & TRIAL PERIOD
If you are participating in a 7 day trial or promotional period offer, you do not need to cancel your subscription prior to the end of the applicable 7 day trial or promotional period, it will not automatically renew. Your subscription will not automatically renew. Also, choose your membership carefully we will not apply any paid membership to any future membership.
7. CONTACT DETAILS FOR BILLING NOTICES & QUESTIONS
Please email ContactUs@MatchingDonors.com with any billing related questions or issues, or to notify MatchingDonors.com of your desire to cancel, terminate or suspend your subscription.
MatchingDonors.com does not control or endorse the communications you may receive from other users via MatchingDonors.com or the content, messages or information of any third-party content or services available in MatchingDonors.com and, therefore, MatchingDonors.com specifically disclaims any liability with regard to such content, messages or services and any actions resulting from your participation in any game or service which permits the transmission of content or messages. Managers and hosts are not authorized MatchingDonors.com spokespersons, and their views do not necessarily reflect those of MatchingDonors.com.
8. DISCLAIMER/LIMITATION OF LIABILITY
You specifically agree that MatchingDonors.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through or using MatchingDonors.com. You specifically agree that MatchingDonors.com is not responsible or liable for any act or omission of any third party including but not limited to any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that MatchingDonors.com is not responsible for any content sent using and/or included in MatchingDonors.com any third party. YOUR USE OF MATCHINGDONORS.COM AND ALL MATCHINGDONORS.COM SOFTWARE, SERVICES, AND SOFTWARE PROVIDED BY MATCHINGDONORS.COM OR ITS MATCHINGDONORS.COM SERVICE AND CONTENT PROVIDERS IS AT YOUR OWN RISK. MATCHINGDONORS.COM AND ITS SERVICE AND CONTENT PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, AVAILABILITY, TIMELINESS, LACK OR VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN MATCHINGDONORS.COM FOR ANY PURPOSE. MATCHINGDONORS.COM AND ALL RELATED SOFTWARE, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED OR COLLATERAL. MATCHINGDONORS.COM AND ITS SERVICE AND CONTENT PROVIDERS AND/OR SUPPLIERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO OR USE OF MATCHINGDONORS.COM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT MEMBERS WILL BE ABLE TO ACCESS MATCHINGDONORS.COM AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT MATCHINGDONORS.COM, CONTENT OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. MATCHINGDONORS.COM AND ITS SERVICE AND CONTENT PROVIDERS AND/OR SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR COLLATERAL, WITH REGARD TO MATCHINGDONORS.COM AND ALL RELATED INFORMATION, PRODUCTS, GRAPHICS, SERVICES, AND SOFTWARE, INCLUDING WITHOUT LIMITATION, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL MATCHINGDONORS.COM OR ITS SERVICE AND CONTENT PROVIDERS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF MATCHINGDONORS.COM, MATCHINGDONORS.COM CONTENT AND SERVICES, WITH THE DELAY OR INABILITY TO USE MATCHINGDONORS.COM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH MATCHINGDONORS.COM, OR OTHERWISE ARISING OUT OF THE USE OF MATCHINGDONORS.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MATCHINGDONORS.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. MATCHINGDONORS.COM'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU DURING THE LAST APPLICABLE BASIC SUBSCRIPTION PERIOD TO MATCHINGDONORS.COM FOR ACCESS TO AND USE OF MATCHINGDONORS.COM. YOU HEREBY RELEASE MATCHINGDONORS.COM FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MATCHINGDONORS.COM, OR WITH ANY OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MATCHINGDONORS.COM.
9 . GENERAL
To the maximum extent permitted by applicable law, claims for enforcement, breach or violation of duties or rights under this Agreement shall be adjudicated under the laws of England. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the non-exclusive jurisdiction and venue of the English courts in all disputes arising out of or relating to the use of MatchingDonors.com. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MatchingDonors.com as a result of this agreement or use of MatchingDonors.com. You agree to indemnify and hold MatchingDonors.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on MatchingDonors.com. MatchingDonors.com may disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on MatchingDonors.com or the site; (b) protect and defend the rights or property of MatchingDonors.com; or (c) act under exigent circumstances to protect the personal safety of users of MatchingDonors.com products, its web sites, or the public. MatchingDonors.com's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MatchingDonors.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of MatchingDonors.com or information provided to or gathered by MatchingDonors.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MatchingDonors.com with respect to MatchingDonors.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MatchingDonors.com with respect to MatchingDonors.com. You agree that neither MatchingDonors.com's records nor your consents will be denied legal effect solely because they may be generated or stored in electronic form. MatchingDonors.com may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct or operations in order to obtain the applicable services or items. Except as otherwise expressly set forth herein, notices given by you to MatchingDonors.com must be given by postal mail, addressed to MatchingDonors.com Customer Service, 766 Turnpike Street, Canton, MA 02021.
10. NOTICES REGARDING YOUR SUBSCRIPTION
CERTAIN INFORMATION REGARDING YOUR SUBSCRIPTION, SERVICES AND OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT (SUCH AS BILLING AND PAYMENT INFORMATION) MAY BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY, (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFY DURING YOUR INITIAL SUBSCRIPTION SIGN-UP, (2) BY ACCESS TO A MATCHINGDONORS.COM WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO A MATCHINGDONORS.COM WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE. For purposes of receiving this information electronically from MatchingDonors.com, you agree that you have an e-mail address and an e-mail software program capable of sending and receiving e-mail from MatchingDonors.com via the Internet, and access to a computer that is capable of receiving, accessing, displaying, storing, and printing such information. MatchingDonors.com will notify you of any significant changes to the foregoing requirements. YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE ANY AND ALL INFORMATION FROM MATCHINGDONORS.COM RELATING TO YOUR MATCHINGDONORS.COM SUBSCRIPTION SOLELY BY ELECTRONIC COMMUNICATION AS SET FORTH HEREIN. YOU MAY WITHDRAW YOUR CONSENT BY CALLING MATCHINGDONORS.COM CUSTOMER SUPPORT; HOWEVER, IF YOU CHOOSE TO WITHDRAW THIS CONSENT, MATCHINGDONORS.COM MAY TERMINATE YOUR SUBSCRIPTION. You may request a paper copy of any information previously provided to you in electronic form by MatchingDonors.com for a period of 120 days from the date that MatchingDonors.com first provided the information to you by calling MatchingDonors.com Customer Support; however, MatchingDonors.com may charge a reasonable fee for providing such paper copies. For greater clarity, such paper copies will be provided to you only as a courtesy and by agreeing to provide such paper copies to you for a period of 120 days from the date that MatchingDonors.com first provided the information to you, MatchingDonors.com is not extending or relieving you of any of your obligations under this Agreement.
MatchingDonors has several tools that allow you to record and store information. For example, MatchingDonors.com Personal Profile is a service that allows you to record limited amounts of personal information on a voluntary basis on servers maintained by MatchingDonors or on its behalf. MatchingDonors.com Personal Profile is structured to allow access only to visitors with a valid password.
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your MatchingDonors passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your MatchingDonors account and password; (3) promptly inform MatchingDonors of any need to deactivate a password. You grant MatchingDonors and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. MatchingDonors cannot and does not assume any responsibility or liability for any information you submit, including to MatchingDonors.com Personal Profile, or your or third parties' use or misuse of information transmitted or received using MatchingDonors tools and services, including MatchingDonors.com Personal Profile.
MATCHINGDONORS LIVE AND MEMBER-TO-MEMBER AREAS ("PUBLIC AREAS").
If you use a Public Area, such as a chat room, bulletin board or community posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. MatchingDonors is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions which will permanently remove you from the website and you agree to pay a fee of $250,000 US Dollars to MatchingDonors.com for each infraction- paid to MatchingDonors.com within 30 days of the infraction.:
1. Using a Public Area for any purpose in violation of local, state, national, or international laws; all patients and donors must be legally accepted as a patient or donor before entering any information on MatchingDonors.com.
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; or referring to any site other than MatchingDonors.com.
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MatchingDonors in its sole discretion;
4. Posting advertisements or solicitations of business such as a reporter seeking a story from patients and donors;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person; someone signing up as a patient or donor and is not a patient or donor, putting in false contact information, false bio etc....
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or "spamming"; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of MatchingDonors, exposes MatchingDonors or any of its customers or suppliers to any liability or detriment of any type.
13. Soliciting donors or patients to have a transplant outside of the United States and/or Canada, unless agreed in writing with MatchingDonors.com prior to and solicitation.
14. Soliciting or aiding donors or patients to use services outside of MatchingDonors.com, including chains, paired exchanges, and including any type of transplant tourism etc...
15. Asking patients or donors to e-mail you outside the MatchingDonors.com system.
MatchingDonors reserves the right (but is not obligated) to do any or all of the following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user's access to any or all Public Areas and/or the MatchingDonors Site upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas.
6. Edit or delete any communication(s) posted on the MatchingDonors Site, regardless of whether such communication(s) violate these standards.
7. Give all of your information to law officials, and assess a penalty of $250,000 per infraction for each day of each infraction. .
MatchingDonors reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. MatchingDonors has no liability or responsibility to users of the MatchingDonors Site or any other person or entity for performance or nonperformance of the aforementioned activities.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
MatchingDonors may provide links to third-party web sites. MatchingDonors also may select certain sites as priority responses to search terms you enter and MatchingDonors may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. MatchingDonors does not recommend and does not endorse the content on any third-party websites. MatchingDonors is not responsible for the content of linked third-party sites, sites framed within the MatchingDonors Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. MatchingDonors does not endorse any product advertised on the MatchingDonors Site.
You agree to defend, indemnify, and hold MatchingDonors, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
MatchingDonors is based in Canton, Massachusetts, in the United States of America. MatchingDonors 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. If you access the MatchingDonors Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with MatchingDonors, or in any way relating to your use of the MatchingDonors Site, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute including any claim involving MatchingDonors or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to contactus@MatchingDonors.com or via U.S. mail to MatchingDonors at 766 Turnpike Street, Canton, MA 02021. We try to answer every email in a timely manner but are not always able to do so.
MatchingDonors also complies with the standards set by Health on the Net [HON].
INFORMATION COLLECTED ABOUT YOU
A. Information Collected by MatchingDonors or on MatchingDonor’s Behalf
1. In General
Personally Identifiable Information (PII or Personal Information) is information that can be used to identify or contact you. When you visit our Website, MatchingDonors collects only the Personal Information you provide to us. We collect the Personal Information that you provide to us in two general and distinct ways: (1) When you register as a Member and/or when you update your Member Profile, and (2) When you choose to use various MatchingDonors Interactive Tools and Services or participate in surveys or send emails to MatchingDonors. We also collect non-personal information from you and about your use of our Website, emails, special promotions and newsletters that we send to you, and Websites of selected sponsors and advertisers. For example, MatchingDonors may use "cookies" or "web beacons" to collect non-personal information about your use of our site, selected sponsors' sites, or emails we send to you. MatchingDonors does not store any Personal Information in any cookies on your computer. MatchingDonors does not use web beacons to collect any Personal Information from or about you or to track your activities across Websites generally. All of these are described in more detail below.
2. Registration and Member Profile
When you put in your information into MatchingDonors.com, and you do not sign up for a membership, you agree to be contacted by MatchingDonors.com by telephone and e-mail on a regular basis to see if we can help you get your membership completed.
3. Interactive Tools
We also collect other information, some of which may be Personal Information, that you voluntarily provide to us when you choose to use some of the MatchingDonors Interactive Tools and Services. We also collect information you provide voluntarily through responses to surveys, questionnaires and the like. Some of the free Interactive Tools on our site ask you for Personal Information.
We also collect anonymous, non-personal information about your use of our site or your use of emails