New England Cryogenic Center, Inc. welcomes you to our website subject to your compliance with the terms and conditions set out below. Please read the following information carefully. Your continued use of this site will indicate your agreement to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, please exit this site now.
1. Restrictions on Use and Ownership
All pages within this Web site and any material made available for download (collectively, the “Site”) are the property of New England Cryogenic Center, Inc. and/or its subsidiaries and affiliates (collectively, “we”, “our” or “us”). Content on the Site is provided for informational purposes only.
We grant you a nonexclusive license to use the Site solely for your personal, non-commercial use and not to use the Site to obtain materials, data, or information for purposes of gaining a competitive advantage. As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
The contents of the Site, including the text, images, audio, and video, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without our prior written consent, except that you may download content from the Site to any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices. For purposes of these Terms and Conditions, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited.
You may not make copies of any of the materials on this Site for any commercial purpose.
We reserve any and all rights not expressly granted by these Terms and Conditions.
2. Trademark Notice
New England Cryogenic Center and www.necryogenic.com are our trademarks and service marks. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
3. No Medical Advice
This Site does NOT provide Medical Advice! Nothing you learn on this Site can be considered as medical advice. The information you obtain from this Site might be inappropriate for your own situation, or might be misinterpreted. We assume no responsibility for how you use the information you obtain from this Site. Also, please note that although we strive to keep our information up to date, medical information changes rapidly, and some information may be out of date. For advice about your own situation, ask your doctor or other health care provider!
4. Confidentiality of Personal and Health Information
We respect your privacy and will only use or disclose your identifiable personal or health information as described in our Services Agreement.
5. Availability of Specimens
Availability of specimens varies with demand. We make every effort to provide adequate inventory for each donor but occasionally, due to excessive demand, we may not have enough specimen of a particular donor to fill an order. When you place your order, an New England Cryogenic Center specialist will confirm donor availability.
6. Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
7. Limitation of Liability
WE, OUR AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Accuracy and Integrity of Information
Although we attempt to ensure the integrity and accuracy of the Site, we make no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice.
9. Links or Pointers to Other Sites
We make no representations whatsoever about any other Web site that you may access through this Site. When you access a site other than www.necryogenic.com, please understand that it is independent from us, and that we have no control over the content on that Web site. In addition, a hyperlink to a site other than www.necryogenic.com does not mean that we endorse or accept any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
10. Hyperlinks to This Site
Persons constructing other Web sites may of course link to any of the pages on this Site. However, you may not copy any of the materials from this Site onto your own Web server for any reason. Also, you may not link to isolated elements on this Site (including photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever) for the purpose of “inlining” them into the context of other Web pages, or for linking such isolated elements to other Web pages. In other words, link to entire pages on this Site, or don’t link at all. Any other use will be a violation of copyright and could subject you to legal action.
11. Choice of Law and Venue
These Terms and Conditions are entered into in the Commonwealth of Massachusetts and shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in Boston , Massachusetts , and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
12. Entire Agreement
These Terms and Conditions constitute the entire agreement between our company and you pertaining to the subject matter hereof. In our sole discretion, we may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.