The Jason Carter Clinical Trials Search & Support website (the “Website”) provides reference information about specific clinical trials and is not intended to provide medical advice, be used for medical diagnosis or treatment, or create a physician-patient relationship involving the National Marrow Donor Program® (“NMDP”). NMDP has taken reasonable measures to ensure information presented on the Website is accurate, current, and complete, but it is not a substitute for the medical advice or judgment of a qualified health care provider. Should you require medical advice, please contact a qualified health care provider. NMDP makes no express/implied warranties for information or data on the Website, without limitation including warranties of suitability or fitness for a particular purpose, even when used for its intended purpose, and NMDP expressly disclaims all legal liability and responsibility for the currency, completeness, suitability, accuracy, validity, or usefulness of any information on this Website, for any given user. NMDP is not and will not be liable for statements, errors, or omissions in the information, or for any alleged or actual losses, injuries, or damages that arise from such information. Use of any information on the Website does not and is not intended to create a contractual or other relationship. All information is provided on an as-is basis.
- Certain functions of the NMDP Website require registration, such as creating an account to save clinical trials. In consideration of your use of this Website, you agree that if you register on this Website, you will provide accurate, current and complete information about yourself and will maintain and update such information promptly if any of it changes. You agree that if any information you provide is inaccurate, not current or incomplete, the NMDP may prohibit your access to sections of the Website requiring registration.
- You are responsible for keeping your password confidential and agree not to allow anyone else to use your user name or password to access this Website. You are fully responsible for all activities that occur under your user name and password. You agree to immediately notify the NMDP of any unauthorized use of your password or user name or any other breach of security of which you become aware.
- You may not register with a user name or e-mail address that is already being used by someone else or that belongs to another person, unless you have his or her consent. The NMDP may refuse to accept a user name for registration if someone else has already registered with that user name or for any other reason at its own discretion.
- You agree that the NMDP may access, preserve and disclose your registration information if required to do so by law or in the good faith belief that it is necessary to:
- Respond to your requests for customer service;
- Comply with legal process;
- Respond to claims that information you have provided violates the rights of others; or
- Protect the rights, property or personal safety of the NMDP, its users and the public.
Rules of Conduct
While using the Website, you agree to comply with all applicable laws, rules and regulations. In addition, the NMDP expects the users of the Website to respect the rights and dignity of others. Therefore, when using this Website, you agree not to:
- Post or submit information about another person or company without the authorization to do so.
- Interfere with any other user’s right to privacy by trying to access or collect information about any individual users of this Website.
- Interfere with the functioning of the Website or with other people’s use of the Website in any way, including:
- Posting or transmitting any file or computer code or program (for example, viruses, worms, Trojan horses) that could damage or interfere with the operation of any hardware, software or telecommunications equipment.
- Interfering with the functioning of the Website, its servers or networks.
- Hacking, defacing or modifying any portion of the Website.
- Copy, republish, sell or use for commercial purposes any portion of this Website unless you have prior written permission from the NMDP. This includes framing or mirroring any part of the Website, systematically downloading and storing any content, putting the content in a database or republishing it.
- While some content areas on the Website are monitored periodically for topicality, NMDP has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify NMDP of inappropriate or illegal content. NMDP reserves the right to remove postings for any reason.
Links to Other Sites
The Website provides links to other Internet sites for informational purposes and the convenience of its users. The NMDP is not responsible for the availability or content of these external sites, nor does the NMDP control or guarantee the currency, accuracy, relevance or completeness of information found on linked-to, external websites.
The NMDP cannot guarantee that linked, external websites comply with Section 508 (Accessibility Requirements) of the Rehabilitation Act. While occasionally the NMDP makes endorsements or recommendations, it does not recommend products or services that appear as pop-up advertisements, and its endorsements are limited to those products and services that it explicitly recommends, and not those that may appear on its Website for informational purposes.
Links to NMDP’s Website
The NMDP grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to our Website under the following conditions: (a) the links and the content on your website must not suggest any affiliation with or endorsement by NMDP or cause any other confusion regarding your relationship to NMDP or its online services; (b) the link opens to the full version of applicable online services webpage, and each page within the Website is displayed in full (including all trademarks and branding), unaltered, and without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website; and (c) the links and content on your website do not portray NMDP or its affiliates or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, threatening, harassing, or that violates any right of any third party or is otherwise objectionable to NMDP. NMDP reserves the right to suspend, withdraw permission, or prohibit linking to its online services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party. Unless NMDP enters into a specific written agreement with you, you may not use any of NMDP’s names, logos, designs, slogans, trademarks, or service marks in or with your links, except that you may link to NMDP’s site using the plain text name of that site.
Ownership of Website Content and Other NMDP Intellectual Property
Unless otherwise indicated, copyright in all material on the Website is owned by NMDP. You are welcome to print copies for your personal use. For any other use, the copyrighted materials may not be reproduced in whole or in part without prior written permission from NMDP. In addition, a number of NMDP’s proprietary trademarks, service marks, and logos appear on this Website, including but not limited to National Marrow Donor Program, Be The Match, and the Be The Match logo. All such content is the intellectual property of NMDP and is prohibited from use by third parties, except under license or with express written permission by NMDP. For information about getting permission to use copyrighted materials and/or trademarks, service marks, and logos owned by NMDP, see Request copyright and trademark information.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE NMDP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- THE NMDP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OR CODE UNDERLYING THE WEBSITE WILL BE CORRECTED.
- ANY MATERIAL SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS SUBMITTED AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE NMDP OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE NMDP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE NMDP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE SUBMISSION OF INFORMATION IN THE PROCESS OF APPLYING TO BECOME A MEMBER OF THE BE THE MATCH REGISTRY; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO, DISCLOSURE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO YOUR USE OF THE WEBSITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold the NMDP and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of, your use of the Website, including your application to become a member of the Be The Match Registry.
Governing Law and Jurisdiction
Changes to the Website
The NMDP can change or remove, either temporarily or permanently, the Website or any part of it at any time and without prior notice to you. You agree that the NMDP is not liable to you or to anyone else for any change or discontinuance to the Website or any content, feature or product offered on the Website.
Waiver and Severability
If the NMDP does not exercise or enforce any particular right or provision in these Terms, the NMDP does not waive that right or provision. If a court finds any provision of these Terms invalid, then you and the NMDP agree that the court should try to follow the intention of that provision and that all other provisions of these Terms will remain in effect.