1. Proprietary Rights.

All material contained in this Site is protected by law, including but not limited to, United States copyright law. Except as indicated, National Foundation for Transplants (“NFT”) are the owners of the copyright in the entire content (including images, text and look and feel attributes) of transplants.org and reserves all rights in that regard. Removing or altering the copyright notice on any material on the Site is prohibited. NFT also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of Site content. Any commercial use of Site content is prohibited without the prior written consent of NFT. Except as indicated, NFT own all trademarks, service marks or other logos featured on the Site. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law. Please be advised that NFT actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

 

  1. Communications with our Web Site.

We welcome your feedback and suggestions about how to improve our Site. By transmitting any suggestions, information, material, or other content (collectively, “Content”) to NFT, you automatically grant NFT the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, NFT is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatever, including but not limited to creating and marketing products and/or services using such information. NFT is not responsible and shall not be liable for the contents of Content posted to the Site by visitors or persons other than NFT employees. Opinions or comments contained in Content reflect the views of the author and not of NFT unless NFT expressly states to the contrary.

 

  1. Confidentiality Cannot be Guaranteed.

Please be advised that the confidentiality of any communication or material transmitted to NFT via transplants.org or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number. To ensure private and personalized attention, you may also contact NFT by telephone at 1-800-489-3863, or write us at National Foundation for Transplants, 5350 Poplar Ave Suite 850, Memphis, TN 38119.

 

  1. Privacy Statement.

NFT has a Privacy Statement disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. Click here to view the Privacy Statement, which is incorporated by references, as if set forth fully herein.

 

  1. Disclaimer of Warranty and Liability.

Use of this site is entirely at your own risk. Neither NFT nor its representatives are responsible for the consequences of reliance on any information contained in or submitted to the site, and the risk of injury from the foregoing rests entirely with you. These materials are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. NFT shall not be liable for any direct, special, indirect, incidental, consequential, or punitive damages, including without limitation, lost revenues or lost profits, which may result from the use of, access to, or inability to use these materials. Under no circumstances will the total liability of NFT to you exceed the price paid for use of the site.

 

  1. Corrections and Changes.

While we endeavor to keep the materials on the Site up to date, NFT cannot assume responsibility for any errors or omissions in these materials. NFT further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. NFT may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. NFT reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatever.

 

  1. Indemnification.

You agree to defend, indemnify, and hold harmless NFT, its affiliates, and all of their respective directors, officers, employees, representatives, partners, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.

 

  1. Links to Other Web Sites.

This Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information and services that may be of interest. Visitors to the Site acknowledge that these third-party sites are maintained by persons or organizations over which NFT exercises no control, and NFT expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. NFT does not control, endorse, promote, or have any affiliation with any other Web site unless expressly stated in the Site.

 

  1. Use of the Internet.

Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. Neither NFT nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

 

  1. Governing Law and Jurisdiction.

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Tennessee, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Memphis, Tennessee, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by NFT from its offices within the United States. NFT makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.

 

These Terms and Conditions constitute the entire agreement between you and NFT with respect to your use of the Site. If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Site, NFT has relied on your agreement to be legally bound by these Terms and Conditions.