Legal

ACCEPTANCE OF WEB SITE TERMS AND CONDITIONS

Welcome to Donor Alliance, Inc.’s Web sites (the “Sites”). These Terms and Conditions of Use constitute an Agreement (“Agreement”) between Donor Alliance, Inc., its subsidiaries and affiliates (collectively “DA”) and you (“You” or “User”). By accessing and using DA’s Web sites, you agree to the following Terms and Conditions of Use and any amendments in effect at the time of your visit. This Agreement expressly incorporates by reference and includes DA’s Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on DA’s Sites. You understand that your right to use the Sites is derived solely from, and is expressly limited by, this Agreement. DA reserves the right to amend these Terms and Conditions of Use from time to time. We encourage You to review these Terms and Conditions upon each visit to the Sites because any changes will be binding on the User.

LINKS

DA offers these Sites as a communication tool about organ and tissue donation and transplantation to anyone interested in learning more about those topics and our organization. Some parts of our Sites are hosted by third-parties. DA may provide links to third-party Web sites. These links are provided only as a convenience. Linked Web sites are not reviewed, controlled or examined by DA, and DA is not responsible for the information, advertising, products, resources or other material of any linked Web site or any link contained in a linked Web site. The inclusion of any link does not imply endorsement by DA. In addition, please be aware Your use of any linked Web site is subject to the terms and conditions applicable to that Web site. Donor Alliance cannot be held responsible for any loss arising from the transmission, use of data or inaccurate data provided by these third parties.

SITES NOT A SUBSTITUTE FOR MEDICAL ADVICE

PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL BEFORE USING ANY PRODUCT, TREATMENT OR SERVICE DISCUSSED OR REFERRED TO ON DA’S SITES OR ANY SITE TO WHICH A LINK HAS BEEN PROVIDED. The information provided on DA’s Sites is not intended or recommended as a substitute for professional medical advice. DA does not offer individualized medical diagnosis or patient-specific treatment advice. Accordingly, You should not use the information contained on DA’s Sites for diagnosing or treating a medical condition or disease. You should always seek the consultation and advice of a physician or qualified health care professional regarding any medical condition or treatment.

DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DA EXPRESSLY DISCLAIMS 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. (2) DA MAKES NO WARRANTY THAT THE SITES WILL MEET YOUR REQUIREMENT; THAT THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; THAT THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; AND THAT ANY ERRORS IN THE SOFTWARE ASSOCIATED WITH THE SITES WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DA OR THOUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN DA’S TERMS AND CONDITIONS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES SHALL NOT BE LIABLE 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 DA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM

(1) THE USE OR THE INABILITY TO USE THE SITES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (5) ANY OTHER MATTER RELATING TO THE SITES.

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 FOREGOING DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

DA strives to protect and control these Sites with available Internet technology. You agree that DA has no liability with respect to any unauthorized access to any Sites by third parties.