TRANSPLANT INTERFACE, LLC WEBSITE TERMS AND CONDITIONS OF USE

Effective Date: May 1st 2016

THESE TERMS AND CONDITIONS OF USE (THESE “TERMS”) GOVERN YOUR USE OF THE TRANSPLANT INTERFACE WEBSITE (THE “SITE”). BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR WEBSITE PRIVACY POLICY AVAILABLE AT WWW.TRANSPLANTINTERFACE.COM, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE. You should return to check these Terms often because they may be updated from time to time without notice to you. Your use of the Site after the Terms have been updated shall constitute acceptance by you of any modifications, additions, or deletions to the Terms caused by such update. You use the Site at your own risk. You agree that you are responsible for ensuring and maintaining the security of any logins and passwords that may be required to use the Site.

References to “Transplant Interface”, “we”, “us” or “our” in these Terms mean Transplant Interface, LLC, including any company that Transplant Interface, LLC,controls or is under common control with (for example a subsidiary or affiliate). References in these Terms to “you” or “your” refer to both you and any person or entity on whose behalf you act, if any.

HEALTH DISCLAIMER; ASSUMPTION OF RISK

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. TRANSPLANT INTERFACE DOES NOT PROVIDE MEDICAL ADVICE AND THE SITE AND CONTENT (AS DEFINED BELOW) DO NOT PROVIDE A DIAGNOSIS OR OTHER RECOMMENDATION FOR TREATMENT AND ARE NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSIS AND TREATMENT OF ANY PERSON. YOU USE THE SITE AND ANY INFORMATION PROVIDED ON THE SITE AT YOUR OWN RISK. THE SITE AND INFORMATION PRODUCED BY THE SITE IS INTENDED FOR INFORMATIONAL AND EDUCATIONAL USE ONLY. TRANSPLANT INTERFACE, LLC ACCEPTS NO RESPONSIBILITY FOR YOUR RELIANCE ON INFORMATION RESULTING FROM USE OF THE SITE. The information and key metrics about each center provided on this Site was obtained from the report published by the Scientific Registry of Transplant Recipients (“SRTR”). The SRTR is administered by the Minneapolis Medical Research Foundation, with oversight and funding from the U.S. Department of Health and Human Services Health Resources and Services Administration. The information from the SRTR is usually released twice a year. Patients and their family members should discuss the information provided through this website with their health care providers and insurance providers before making a decision about a transplant center of choice for their treatment. The determination of the need for medical services and the types of healthcare to be provided to a patient are decisions that should be made only by a physician or other licensed health care provider.

NO AFFILIATION WITH LISTED FACILITIES

WE ARE NOT AFFILIATED WITH NOR DO WE RECOMMEND ANY SPECIFIC KIDNEY TRANSPLANT CENTER. Some kidney transplant centers may advertise on our Site. An advertisement for a particular kidney transplant center does not mean that we recommend or endorse that kidney transplant center. You should carefully evaluate your treatment options with your healthcare provider before making treatment decisions.

GRANT OF LICENSE; PROPRIETARY RIGHTS

Subject to the terms and conditions of these Terms, Transplant Interface, LLC hereby grants to you a personal, revocable, non-transferable and non-exclusive license to use the Site for your own internal, noncommercial use. Transplant Interface, LLC reserves the right to discontinue all or part of the Site or the foregoing license grant with or without notice at any time. Transplant Interface, LLC retains all right, title and interest in and to the Site.

The content in this Site, including, but not limited to, documents, text, graphics, photos, images, audio or video files, logos, location data, all other forms of data or communication, as well as the compilation of such content and the general “look and feel” of this Site (collectively, the “Content”) is owned by Transplant Interface, LLC or its third-party providers) and is protected by United States and international copyright laws. “Transplant Interface”, and other trademarks and product names used in this Site are trademarks owned by Transplant Interface, LLC or its licensees (unless otherwise indicated). All Transplant Interface, LLC names, logos and trademarks may not be used or reproduced, in any manner, without the written permission of Transplant Interface, LLC. All rights in such trademarks and names are reserved. The above prohibition on copying includes a ban on framing, the creation of any derivative work based on this Site or its Content and the incorporation of any Content into other websites.

Except for the limited permission set out above, nothing on this Site or in these Terms should be construed as granting any other right or license.

SITE USE RESTRICTIONS

You shall not modify the Site, incorporate the Site in whole or in part in any other product or create derivative works based on all or part of the Site. You shall not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Site. You shall not sub-license, or charge others to use or access, the Site. Except to the extent permitted by applicable law, you shall not reverse assemble, decompile or disassemble or otherwise reverse engineer any portion of the Site.

You must not use the Site in a way that:

  1. Violates local, state, national or international laws;
  2. Infringes on the intellectual property rights of others or on the privacy or publicity rights of others
  3. Harms minors in any way;
  4. Forges information or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
  5. Impersonates another person;
  6. Distributes viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware;
  7. Is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or otherwise offensive or embarrassing to any person, as determined by us in our sole discretion.
We may (but are not obligated to) remove any content and/or terminate your access to the Site upon our determination that you have violated these Terms.

INDEMNITY

You agree to indemnify, defend and hold Transplant Interface, LLC, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Transplant interface Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to your access to or use of the Site. Transplant Interface, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Transplant Interface, LLC. Transplant Interface, LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE TRANSPLANT INTERFACE ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, ACCURACY OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR UP-TO-DATE. ACCORDINGLY, THE TRANSPLANT INTERFACE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES, OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH, THE SITE.THE TRANSPLANT INTERFACE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SITE. THE TRANSPLANT INTERFACE ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL THE TRANSPLANT INTERFACE ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.

GOVERNING LAW

These Terms shall be governed by the laws of Pennsylvania without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal Courts located in Allegheny County, Pennsylvania in all disputes arising out of or relating to the use of the Site or these Terms and you hereby waive any right to claim that such courts constitute an inconvenient forum for such disputes.

NO CLASS ACTION

You may only resolve disputes with Transplant Interface, LLC, on an individual basis, and you hereby waive your right to bring a claim as a plaintiff or participate in a class member in a class, consolidated or representative action, against Transplant Interface, LLC. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

MISCELLANEOUS

The Site is intended for use only within the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any part of these Terms 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 Terms shall continue in full force and effect. Unless otherwise specified herein, these Terms and the accompanying website Privacy Policy constitute the entire agreement between you and Transplant Interface,LLC, with respect to the Site and it supersedes all prior communications and agreements, whether electronic, oral or written, between you and Transplant Interface, LLC, with respect to the Site.

NOTICES

Please send all questions, comments and notices regarding these Terms to:

info@transplantinterface.com

Transplant Interface
PO Box 90312
Pittsburgh, PA 15224

Transplant Interface does not provide medical advice, diagnosis or treatment. The site is intended for informational purposes only.

© 2016, Transplant Interface. All rights reserved.