Please read them carefully.
LICENSE AND SITE ACCESS
NW Cryobank grants you a limited license to access and make personal use of this site and any Donor Information (collectively, “Licensed Content”) but not to download (other than donor information that is validly ordered via the site or page caching) or modify Licensed Content, or any portion of it, except with express written consent of NW Cryobank. This license does not include any resale or commercial use of Licensed Content; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account 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 NW Cryobank. 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 NW Cryobank and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing NW Cryobank’s name or trademarks without the express written consent of NW Cryobank. Any unauthorized use terminates this permission or license granted by NW Cryobank.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. NW Cryobank does not sell services or products for children. By using this site, you represent to NW Cryobank that you are age 18 or over. NW Cryobank and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
PRIVACY AND ELECTRONIC COMMUNICATIONS
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 Information, are the property of NW Cryobank or its affiliates or parent companies. 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 NW Cryobank or by other parties that have licensed their material to NW Cryobank. 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.
“NW Cryobank” and the NW Cryobank logo are trademarks and service marks of NW Cryobank. All other trademarks, service marks and logos used on this site are the trademarks, service marks or logos of their respective owners.
This site, including any content or information contained within it and any site-related service, and all donor information is provided “AS IS” with no representations or warranties of any kind, either express or implied, including (but not limited to) the implied warranties or merchantability, fitness for a particular purpose, and noninfringement. In particular (but without limitation), NW Cryobank 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. NW Cryobank does not warrant or make any representations regarding the donor information, the use of the results or 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), NW Cryobank 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
NW Cryobank, its licensors, employees, officers, directors, agents, 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 NW Cryobank, 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.
Online ordering on our website is intended only for US residents. Any non-US residents must call us to place vial orders. NW Cryobank makes no representation that materials on the site are appropriate or available for use in other locations. NW Cryobank 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.
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 NW Cryobank’s intellectual property rights, NW Cryobank 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.
You agree to indemnify, defend and hold harmless NW Cryobank 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 or products or services that you obtain from us. NW Cryobank 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 NW Cryobank, which consent shall not be unreasonably withheld.
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