Terms of Use

Welcome to California Cryobank’s donor recruitment website (this “site” or “website”). California Cryobank ("we", “us”, “our” or "CCB") provides its products, information and services to you subject to the following conditions. If you visit any part of this site or fill out our donor application, you accept the following terms and conditions. Please read them carefully.

SCOPE

This Terms of Use (“Agreement”) applies to your use of this site. CCB has the right at any time to change or modify the terms and conditions applicable to your use of this site, or any part thereof, including the donor application.

LICENSE AND SITE ACCESS

CCB grants you a limited license to access and make personal use of this site and any information, including the donor application (collectively, "Licensed Content") and not to download or modify Licensed Content, or any portion of it, except with express written consent of CCB. This license does not include any resale or commercial use of Licensed Content; any collection and use of any product descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of site or application information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Licensed Content or any portion of Licensed Content may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CCB. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CCB and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing CCB's name or trademarks without the express written consent of CCB. Any unauthorized use terminates this permission or license granted by CCB.

By using this site, you represent to CCB that you are over the age of 18. CCB and its affiliates reserve the right to refuse service, terminate access, remove or edit content, or reject donor applications at their sole discretion.

PRIVACY AND ELECTRONIC COMMUNICATIONS

Please review our Privacy Policy to understand our practices. When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to CCB's use of cookies in accordance with the terms of our Privacy Policy.

INTELLECTUAL PROPERTY AND USE OF THE SITE

All text, graphics and multimedia content available from the site and all related code, including (but not limited) to HTML, other mark-up languages, and all scripts within the site, and all donor application content are the property of CCB or its affiliates. All material on our site, including (but not limited to) images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by CCB or by other parties that have licensed their material to CCB. Material from the site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other website or computer environment is prohibited.

You must not use this website in any way that may cause damage to the website or impair the accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with such activities. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without CCB’s express written consent.

You grant CCB a non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any material that you submit to this website (“user content,” including without limitation text, images, audio material and video material). Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or CCB or a third party (in each case under any applicable law).

"California Cryobank" and the CCB logo are trademarks and service marks of CCB. All other trademarks, service marks and logos used on this site are the trademarks, service marks or logos of their respective owners.

NO WARRANTIES

This site, including any content or information contained within it and any site-related service is provided "as is" with no representations or warranties of any kind, either expressed or implied, including (but not limited to) the implied warranties or merchantability, fitness for a particular purpose, and non-infringement. In particular (but without limitation), CCB does not warrant that the functions contained in the materials on the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses, worms, trojan horses, or other harmful components. CCB does not warrant or make any representations regarding the results of the use of the materials in the site, in terms of their correctness, accuracy, reliability, timeliness, suitability or otherwise. You assume total responsibility and risk for your use of this site and all site-related services. In particular (but without limitation), CCB is not responsible for and does not approve or endorse the content of any sites that may be linked to this site. Links to any such sites are provided for your convenience only, and you access them at your own risk.

LIMITATION OF LIABILITY

CCB, its licensors, and suppliers are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to our site, site-related services or content, or other services or products obtained from CCB, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with our site services or products is to stop using the site and/or those services.

TERRITORIAL CONSIDERATIONS

This site is controlled and operated by CCB from its offices within the State of California, U.S.A. Our site is intended for use only in the U.S.A. CCB makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the site should not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California.

BINDING ARBITRATION

Notwithstanding the provisions relating to the General Provisions section below, any dispute relating in any way to your visit to our site or to products or services that you purchase from us shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate CCB's intellectual property rights, CCB may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association, which will appoint a neutral arbitrator to conduct the arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The prevailing party in the arbitration shall be entitled to recover all costs of the arbitration including, without limitation, attorneys’ and experts' fees.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless CCB and its affiliates, and each of their directors, officers, employees, agents, representatives, independent contractors, customers, successors and assigns from and against any claim, loss, damage, liabilities, demands, offsets, causes of action and expenses, including attorneys' and experts' fees, arising out of or related to any third party action, proceeding, or dispute involving your use of our site, donor application, or products or services that you obtain from us. CCB shall promptly notify you in writing of any such third party action and you agree to immediately assume full control and responsibility for such matter including the payment of all expenses and liabilities, including attorneys' and experts' fees in connection therewith; provided, however, that you shall not settle any such action without the prior written consent of CCB, which consent shall not be unreasonably withheld.

GENERAL PROVISIONS

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as it applies to agreements entered into and to be performed entirely within such state, and without regard to its principles of conflicts of law. Any action you, any third party, or CCB brings to enforce these Terms of Use, or in connection with any matters related to this Site, shall be brought only in the state or Federal courts located in Los Angeles County, California. You expressly consent to the jurisdiction of said courts.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the matters set forth herein, and shall not be modified except in a subsequent agreement between you and CCB. These Terms of Use will inure to the benefit of CCB and its successors and assigns.

CCB reserves the right to change or update our site or these Terms of Use at any time. Any changes or updates are effective immediately upon posting to the site. You agree to review this Terms of Use periodically so that you are aware of any modifications. Your continued use of our site and the services available through the site after the posting of any such modifications shall be deemed your acceptance of the modified terms.

Questions? Contact legal@cryobank.com