“Account” - To access the Service, Recipient must create an account associated with a valid e-mail address. Recipient is responsible for all activities that occur under its account, regardless of whether the activities are undertaken by Recipient, its employees or a third party (including Recipient’s contractors or agents). Except to the extent caused by a HemaNexus breach of its Customer Agreement, HemaNexus and its affiliates are not responsible for unauthorized access to Recipient’s account. Recipient will contact HemaNexus immediately if an unauthorized third party uses its account or if Recipient account information is lost or stolen.
“Agreement” - HemaNexus’ Customer Agreement governing the use of HemaNexus services.
“AUP” refers to HemaNexus’ acceptable use policy, posted at www.hemanexus.com/aup, as such policy may change from time to time.
“Authorized Users” - specific individuals for whom an account has been established by a HemaNexus customer or its employees, representatives, consultants, contractors, agents, or other third parties acting for or on behalf of the customer ’s your benefit or on your behalf.
“Materials” refers to written and graphical content provided by or through the Service, including, without limitation, text, photographs, illustrations, and designs, whether provided by HemaNexus, another customer of the Service, or any other third party.
“Recipient” – refers to HemaNexus’ customers and all users assigned an account to access the Service by HemaNexus or its customers.
“Recipient Data” or “Your Data” refers to any data, content, or other materials of any type that Recipient or its Authorized Users upload, store, submit or otherwise transmit to or through Provider’s Service.
“Service” refers to HemaNexus’ blood inventory and ordering service. The Service includes such features as are set forth on the site, in these Terms of Service or the Agreement as HemaNexus may change such features from time to time, in its sole discretion.
Use of This Web Site
HemaNexus will provide the Service to Authorized Users pursuant to its standard policies and procedures then in effect.
Password and Security: You are solely responsible for maintaining the confidentiality of any user name and password you use to access any Hemanexus website and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify Hemanexus of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Hemanexus cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
Online Policies. Please review the following policies which are incorporated herein by reference and govern your use of HemaNexus sites and services.
Acceptable Use Policy (“AUP”). You will comply with the AUP. In the event of your material breach of the AUP, including without limitation any copyright infringement, HemaNexus may suspend or terminate your access to the Service, in addition to such other remedies as HemaNexus may have at law or pursuant to this Agreement. Neither this Agreement nor the AUP requires that HemaNexus take any action against Recipient or a n1. her customer for violating the AUP, but HemaNexus is free to take any such action it sees fit.
Materials, Software, & IP.
Materials. Recipient recognizes and agrees that: (i) the Materials are the property of HemaNexus or its licensors and are protected by copyright, trademark, and other intellectual property laws; and (ii) Recipient does not acquire any right, title, or interest in or to the Materials except the limited and temporary right to use them as necessary for Recipient’s use of the Service.
Intellectual Property in General. HemaNexus retains all right, title, and interest in and to the Service, including without limitation all software used to provide the Service and all logos and trademarks reproduced through the Service, and this Agreement does not grant Recipient any intellectual property rights in or to the Service or any of its components.
Warranties and Disclaimers.
Recipient’s Identity. Recipient warrants: (i) that it has accurately identified itself through its Account and will maintain the accuracy of such identification; and (ii) that it is a corporation or other business entity authorized to do business pursuant to applicable law or an individual 18 years or older.
Disclaimers. Except for the express warranties specified in this section, THE SERVICE IS PROVIDED “AS IS” AND AS AVAILABLE, AND HEMANEXUS MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Without limiting the generality of the foregoing, (i) HEMANEXUS HAS NO OBLIGATION TO INDEMNIFY OR DEFEND RECIPIENT AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; and (ii) HemaNexus does not warrant that the Service will perform without error or immaterial interruption.
Limitation of Liability.
IN NO EVENT: (a) WILL HEMANEXUS’ LIABILITY ARISING OUT OF OR RELATED TO A RECIPIENT’S USE OF THE SERVICE EXCEED ANY MONTHLY PAYMENT MADE BY RECIPIENT TO USE THE SERVICE; AND (b) WILL HEMANEXUS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES.
THE LIABILITIES LIMITED BY THIS SECTION APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF HEMANEXUS IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF RECIPIENT’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section, HemaNexus’ liability will be limited to the maximum extent permissible.
Indemnification. RECIPIENT WILL DEFEND, INDEMNIFY AND HOLD HARMLESS HEMANEXUS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES OR LIABILITY, INCLUDING ATTORNEYS’ FEES, ARISING FROM RECIPIENT’S OR ITS AUTHORIZED USERS’ USE OF OR RELIANCE ON PROVIDER’S SERVICE OR ANY SERVICES OR INFORMATION MADE AVAILABLE ON OR THROUGH THIS WEB SITE.
Electronic Communications and Notices. Recipient consents to receive communications from HemaNexus electronically. HemaNexus may send notices to Recipient’s e-mail address listed in Recipient’s Account, and such notices will be deemed received after they are sent. In addition, HemaNexus may communicate with Recipient by posting notices on the Service site. Recipient agrees that all agreements, notices, disclosures and other communications that HemaNexus provides to Recipient electronically satisfy any legal requirement that such communications be in writing.
Modification and Severability. HemaNexus reserves the right to make changes to its sites, the Service, policies, and these Terms of Service at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. If Recipient has signed a Customer Agreement, certain notice periods may apply before the changes become effective. Otherwise, any changes are effective immediately.
Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms of Service or Policies invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
Disputes, Choice of Law & Jurisdiction. By visiting this site or utilizing any HemaNexus services, Recipient agrees that these Terms of Service, HemaNexus Policies, and Agreement will be governed solely by the internal laws of the State of Florida, without reference to such State’s principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Alachua County, Florida. The parties expressly waive any right to proceed in any other forum.
We at HemaNexus Inc., including controlled subsidiaries, affiliates and D/B/As, (collectively "HemaNexus"), are committed to protecting your privacy. Hemanexus.com and raredonor.com are websites owned by HemaNexus, Inc. This statement details the steps we take to protect your personal information when you visit our websites or use an online application that contains a link to this statement (collectively, the "sites"). This statement also covers information we receive when you contact us (e.g., to submit a comment or query or to seek support). It describes the personal information that we collect, the purposes for which we use such information and your choices regarding our use of it. The steps we take to protect your personal information and how you can review and correct your personal information are also covered here. By accessing our sites or providing us your information when you contact us, you are consenting to the information collection and use practices described in this privacy statement.
For purposes of this statement, “personal information” means information that identifies a particular individual, such as name, postal address, email address or phone number. When other information, such as notification preferences or other application preferences, is associated with personal information, this other information also becomes personal information.
You are solely responsible for ensuring that your use of HemaNexus’ websites or services complies with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health Act, Title XIII of the American Recovery and Reinvestment Act of 2009 (HITECH), the Florida Information and Protection Act of 2014 (FIPA), and/or any other applicable law or regulation pertaining to the confidentiality, use or safeguarding of protected health information.
You are solely responsible for all decisions regarding the use, disclosure or safeguarding of Protected Health Information or PHI as that term is defined under federal and state rules and regulations, including, but not limited to, 45 C.F.R. Section 164.501. Protected Health Information includes Electronic Protected Health Information [45 C.F.R. Sections 160.103, 164.501]. HemaNexus makes no warranty or representation that any disclosures of PHI by you through our systems are permissible under HIPAA and/or any other applicable law or regulation.
Information collected directly from you. In order to provide a service or carry out a transaction that you have requested, we ask you for your personal information. You may also provide some personal information to us when you contact us (e.g., with a comment, inquiry or customer support request). The personal information we collect or receive may include:
You are not required to provide any of this information, but if you do not, we may not be able to provide you the requested service or complete your transaction.
Information collected automatically. We collect information about your visit to our sites, including what pages you view, the number of bytes transferred, the links you click, the materials you access and other actions taken within HemaNexus' sites. We may combine this information with your personal information to and use the combined information in accordance with this privacy statement. We also collect certain standard information that your browser sends to every website you visit, such as your Internet Protocol (IP) address, your browser type and capabilities and language, your operating system, the date and time you access the site and the website from which you linked to one of our sites. We do not combine this standard information with other personal information.
Services and transactions. We use your personal information to deliver services or carry out transactions you have requested, including, but not limited to, providing information on HemaNexus products or services, registering purchased products, processing product orders and seraches, answering customer service requests and facilitating use of our sites. In order to offer you a more consistent experience in your interactions with HemaNexus – including, but not limited to, learning about you and how you interact with and use HemaNexus products and services; developing and managing our products; and services and customer care.
Website and product improvement. We may use your personal information to perform business analyses or for other purposes to improve the quality of our business, our sites and HemaNexus products or services (including new products or services), or to make our sites easier to use by eliminating the need for you to repeatedly enter the same information or by customizing our sites to your particular preference or interests.
Communications. We may use your personal information to notify you of searches that meet previously specified conditions, to inform you of products or services available from HemaNexus in which you may be interested and to send you surveys regarding your use of HemaNexus products and services. You can opt out of receiving promotional communications from us by updating your preferences.
In addition to the uses listed above, we may use information we have collected in order to detect, prevent and respond to fraud, intellectual property infringement, violations of our Terms & Conditions, violations of law or other misuse of the sites.
Cookies are text files containing small amounts of information which is downloaded to your hard disk or to your browser's memory when you visit one of HemaNexus' sites. Cookies are useful because they help arrange the content and layout of our sites and allow us to recognize those computers or other devices that have been to our sites before. Cookies do many different jobs, such as allowing our websites to remember your preference settings and helping us to enhance the usability and performance of our sites and your experience using them.
Our sites also may contain electronic images known as web beacons – sometimes called single-pixel gifs – that allow us to count the number of users who have visited specific pages. We may include web beacons in e-mail messages in order to determine whether messages have been opened and acted upon.
The type of cookie that may be used on HemaNexus' sites can be put into 1 of 3 categories: Strictly Necessary, Performance and Functionality & Profile.
Strictly Necessary Cookies. These cookies are essential, as they enable you to move around our sites and use their features, particularly in connection with information searches and order placement. Without these cookies, services you have asked for cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet. An example of a strictly necessary cookie is a “session cookie," which is used to ensure that you have a consistent user experience while logged into our site.
Performance Cookies. These cookies collect information about how you use our sites, for example which pages you go to most often and if you get any error messages from certain pages. These cookies collect only anonymous information that is used to improve how our sites work. These cookies are not used to target you with online advertising. Without these cookies we cannot learn how our sites are performing and make relevant improvements that could better your browsing experience. Examples of performance cookies that our sites use include Google Analytics (see further discussion below).
Functionality & Profile Cookies. These cookies allow our sites to store information that you provide such as your site language preferences and to store technical information useful for your interactions with our sites. For instance, they remember your user ID and elements of your user profile. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymous and they cannot track your browsing activity on other websites.
Without these cookies, a website cannot remember choices you have previously made or personalize your browsing experience. For example, we use a cookie to store your language preferences, which allows us to present you with product search results in the correct language, and we use a cookie to store your choice about the appearance of the cookie information banner that we display on our sites. This cookie will help us remember your choice about the appearance of the cookie information banner when you subsequently visit the same site where you made your choice about the banner and any other HemaNexus sites with the same domain or the same top level domain.
You have the ability to accept or decline cookies. Most internet browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies or to notify you when a cookie is being placed on your computer. If you choose to decline cookies, you will not be able to use the features of Hemanexus' sites and may not be able to fully experience other websites that you visit.
HemaNexus uses industry standard web analytics to track visits to our sites. These analytics are provided by Google Analytics. The information generated by the cookie about your use of our sites (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our sites, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.
You may opt out of web analytics by installing these tools on your computer.
Some web browsers may transmit “do-not-track” signals to the sites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. There currently is disagreement, including among participants in the leading internet standards-setting organization, concerning what, if anything, websites should do when they receive such signals. HemaNexus currently does not take action in response to these signals. If and when a final standard is established and accepted, HemaNexus will reassess how to respond to these signals.
Except as described below, personal information that we collect about you through our sites or that you provide to us when you contact us will not be shared outside of HemaNexus without your permission.
Disclosure to service providers. HemaNexus contracts with other companies to provide services on our behalf, such as hosting websites, sending out information, processing transactions, analyzing our sites and performing business and other analyses to improve the quality of our business and our sites. We provide these companies with only those elements of your personal information they need to deliver those services effectively. These companies and their employees are prohibited from using personal information they receive from HemaNexus for any other purpose.
Disclosure in connection with transactions. In connection with certain transactions, we may disclose some or all of your personal information to financial institutions, government entities and shipping companies or postal services involved in fulfillment of the transaction.
Disclosures in connection with acquisitions or divestitures. Circumstances may arise where for strategic or other business reasons HemaNexus decides to sell, buy, merge or otherwise reorganize businesses. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of personal information sellers. We may disclose information we maintain about you to the extent reasonably necessary to proceed with the negotiation or completion of a merger, acquisition or sale of all or a portion of Hemanexus' assets. It is Hemanexus' practice to seek appropriate protection for information in these types of transactions.
Disclosure for other reasons. We may disclose personal information if required or authorized to do so by law or in the good-faith belief that such action is necessary to comply with legal requirements or with legal process served on us, to protect and defend our rights or property or, in urgent circumstances, to protect the personal safety of any individual.
HemaNexus is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store the personal information you provide on computer systems with limited access that are located in facilities to which access is limited. For sites to which you log in, it is your responsibility to ensure the security of your password and not to reveal this information to others. When you move around a site to which you have logged in, or from one site to another that uses the same login mechanism, we verify your identity by means of an encrypted cookie placed on your machine.
In some cases, you can review and correct personal information provided through our sites by going to the page on which you provided the information. In all cases, you can make a request to review and correct your personal information that is collected via our sites or that you provide when you contact us or ask HemaNexus to stop using it by contacting us using the contact information listed below. We may take steps to verify your identity before providing you access to your personal information. You can help us to maintain the accuracy of your information by notifying us of any change to your mailing address, phone number or e-mail address.
HemaNexus does not currently engage in international transfers of personal information. If we begin engaging in business in countries other than the United States which may have laws that protect personal information differently than the laws in the US, we will take reasonable steps to ensure that your privacy is protected.
HemaNexus does not knowingly collect information from children and does not target or direct its sites to children.
Our sites may contain links to other websites, professional and government organizations and publications. Although we try to link only to websites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other websites.
If you have questions regarding this statement or our handling of your personal information, please contact us using the contact information listed below. We will promptly address your concern and strive to reach a satisfactory resolution.
HemaNexus, Inc. requires that all customers and other users of its services (the “Service”) conduct themselves with respect for others. In particular, please observe the following rules in your use of the Service:
Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission. Do not cooperate in or facilitate identity theft.
Intellectual Property: Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.
Spam: Do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-Spam Act of 2003.
Fraud: Do not issue fraudulent offers to sell or buy products or services. Do not commit fraud in any other way.
Violations of Law: Do not violate any law.
Consequences of Violation
Violation of this Acceptable Use Policy (this “AUP”) may lead to suspension or termination of the user’s account or legal action. In addition, the user may be required to pay for the costs of investigation and remedial action related to AUP violations. HemaNexus reserves the right to take any other remedial action it sees fit.
Reporting Unacceptable Use
HemaNexus requests that anyone with information about a violation of this AUP report it via an e-mail to the following address: firstname.lastname@example.org. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (internet protocol) address if available, as well as details of the violation.
Revision of AUP
HemaNexus may change this AUP at any time by posting a new version on this page and sending the user written notice thereof. The new version will become effective on the date of such notice.