- License to use website
- Acceptable use
- Restricted access
- Publication of user content
- No warranties
- Limitations of liability
- Other parties
- Unenforceable provisions
- Breaches of these terms and conditions
- Entire agreement
- Laws and jurisdiction
- Definitions and clarifications
- TransplantNet’s details
These terms and conditions (“Terms,” “User Agreement,” or “Disclaimer”) govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 13 years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 13 years of age.
License to use website
Unless otherwise stated, TransplantNet and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
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 TransplantNet’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without TransplantNet’s express written consent.
Access to certain areas of this website is restricted. We reserve the right to restrict access to other areas of this website, or indeed this entire website, at our discretion.
If TransplantNet provides you with a username and password to enable you to access restricted areas of this website or other content or services, you must ensure that the username and password are kept confidential.
Only transplant recipients who wish to get in contact with their donor families and donor families who wish to get in contact with the recipients of an organ donation from their deceased family member are permitted to create an account on our user portal and use our electronic correspondence service. By registering an account, you certify that you qualify to do so under one of these descriptions.
If you have registered an account on the user portal as a donor family member or transplant recipient with the purpose of using our correspondence service, you must ensure that only you use our website and service under your account.
TransplantNet may disable your user portal account in TransplantNet’s sole discretion without notice or explanation.
Publication of user content
In these terms and conditions, “your user content” means material and information (including without limitation electronic letters and images) that you expressly allow to be published on the main website, especially through the “Send a Letter” form on the user portal.
You grant to TransplantNet a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to TransplantNet the right to bring an action for infringement of these rights. You understand and accept that your user content may be shared and linked to by other users on their social media accounts.
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 TransplantNet or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
TransplantNet reserves the right to edit or remove any material submitted to this website, or stored on TransplantNet’s servers, or hosted or published upon this website.
TransplantNet undertakes the right to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. TransplantNet makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, TransplantNet does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate professional.
Limitations of liability
TransplantNet will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if TransplantNet has been expressly advised of the potential loss.
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the terms and conditions will exclude or limit TransplantNet’s liability in respect of any:
- death or personal injury caused by TransplantNet’s intentional negligence;
- fraud or fraudulent misrepresentation on the part of TransplantNet; or
- matter which it would be illegal or unlawful for TransplantNet to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, TransplantNet has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against coordinators who participate in our service or TransplantNet’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect TransplantNet’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as TransplantNet.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify TransplantNet and undertake to keep TransplantNet indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by TransplantNet to a third party in settlement of a claim or dispute on the advice of TransplantNet’s legal advisers) incurred or suffered by TransplantNet arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
TransplantNet may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
TransplantNet may transfer, sub-contract or otherwise deal with Transplantnet’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of California and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the federal or state courts located in the State of California, City and County of San Francisco.
Definitions and clarifications
- References to “us,” “we,” and “our” mean TransplantNet.
- The term “user portal” means the section of our website in which donor family, transplant recipient, and coordinator users can register and log into their TransplantNet accounts to perform actions related to correspondence between transplant recipients and the families of their donors. The user portal is linked here. All user portal pages include “transplantnet.org/portal” in their URL.
- The term “main website” means the section of our website intended for all users in which users may learn about TransplantNet’s purposes and services, read instructions, browse published letters, and more. Main website pages are not located in the portal directory.
- The term “coordinators” means the OPOs and transplant centers that are associated with a TransplantNet user portal account and that are participants in TransplantNet’s electronic correspondence service.
The full name of our website and service is TransplantNet.
You can contact TransplantNet by email to gro.tentnalpsnart@nimda, through the “Contact Us” form on this website, linked here, or by post to 505 Parnassus Ave, Box 0780, M-884, San Francisco, California, 94143-0116.