Revised August 31, 2009

These Terms of Use must be agreed to by any visitor to the AmericasBlood.org Web site and any Web site affiliated with America’s Blood Centers or The Foundation for America’s Blood Centers.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU SHOULD LEAVE THE WEB SITE IMMEDIATELY. BY CONTINUING TO USE OR VISIT THIS WEB SITE YOU AGREE TO BE BOUND BY THESE TERMS.

These Terms of Use may be modified periodically. The date of the most recent revision is displayed above. By using this Web site you agree to visit the Terms of Use periodically and to review any changes that have been made.

You agree that by using this Web site you do not obtain ownership rights in any of the Web site’s text, design, code, graphics or any other aspect of its content. You acknowledge America’s Blood Centers’ intellectual property rights in the same and agree not to copy or reproduce any component of the Web site in any medium (or use any framing techniques to display any aspect of the Web site) without the advance, written permission of America’s Blood Centers. America’s Blood Centers, My Blood, Your Blood, and the Blood Drop logo are state, federal, and/or common law trademarks of America’s Blood Centers. Other marks used on the Web site may be the property of America’s Blood Centers and/or other companies. Your limited license to use the Web site is not a grant of any interest or broader license in any trademarks or copyrighted material appearing on the Web site.

America’s Blood Centers has created, commissioned or licensed all aspects of this Web site and possesses copyright, trademark and/or other intellectual property rights in the Web site and its contents. You are given a limited license to use the Web site in accordance with these Terms of Use. Any unauthorized use is strictly prohibited.

You agree not to attempt to gain unauthorized access to any portion of the Web site or to circumvent any of the Web site’s security features. You further agree not to take any actions that would interfere with the Web site’s operations.

If you have been given a password to access a secured area of the site, you agree to keep your password confidential and agree to notify America’s Blood Centers if your account has been compromised.

If America’s Blood Centers believes you have violated these Terms of Use, it may disclose information it has gathered about you if such disclosure will aid in an investigation or complaint related to your use of the Web site. America’s Blood Centers may also disclose your personal information if necessary to prevent injury to or interference with the Web site based on your actions or the actions of a third party.

You agree that you are at least 13 years of age and that, if you are under 18 years of age, you have been given permission by a parent or guardian to access the Web site.

This Web site is designed for use by adults residing in the United States. If you access this Web site from outside the United States, you are responsible for complying will all local rules and regulations. Some functionality may not be available outside the United States.

You may not use the Web site to break any law. If your actions using the Web site cause harm to America’s Blood Centers or any third party, you hereby agree to indemnify America’s Blood Centers, its employees, agents, directors, subsidiaries and affiliates, from any and all claims, losses, and damages including attorneys’ fees.

You agree that you have read the Privacy Policy which is incorporated herein by reference.

If you ever upload any material to the Web site or post any comments on the Web site, you represent and warrant that such content and posts will comply with all laws and regulations, will not contain any obscenities or foul language, will not infringe on the intellectual property rights of any third parties, and will not defame anyone. America’s Blood Centers has the right, but not the obligation, to review and/or remove any user posted material.

Any ideas or suggestions you submit through the Web site will be deemed non-proprietary and will become the property of America’s Blood Centers with no compensation of any kind due to you for any use by America’s Blood Centers including, without limitation, the reposting or display of such commentary. By submitting information to America’s Blood Centers and/or its affiliates, you acknowledge that America’s Blood Centers may use that information for commercial and non-commercial purposes and you represent and warrant that you have the ability to lawfully grant America’s Blood Centers all rights in your submission.

You represent and warrant that you have the necessary rights to upload or post the content you submit to the Web site and indemnify America’s Blood Centers and its agents and affiliates from any harm that may result from your uploading or posting of content and/or any harm to the intellectual property rights of others based on America’s Blood Centers’ use of the content or idea.

If you create a Profile or upload or post any content to the Web site, you agree not to misrepresent your identity or use any information (including, but not limited to an email address) belonging to anyone else. You similarly agree that all information you provide via the Web site shall be accurate.

America’s Blood Centers is not responsible for any Web sites owned by third parties which may be linked to this Web site.

You agree that America’s Blood Centers has no obligation to allow you to use the Web site and that your access may be denied at any time for any reason.

These Terms of Use constitute the entire agreement between you and America’s Blood Centers with regard to your use of this Web site (except for the Privacy Policy) and supersedes any and all other prior written or oral agreements or understandings between you and America’s Blood Centers regarding this Web site. America’s Blood Centers’ failure to insist on strict compliance with any of these Terms and Conditions is not a waiver of such terms and you agree that such failure shall not inhibit America’s Blood Centers’ right to enforce such terms in the future based on laches, estoppel or any other legal doctrine. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Your use of this Web site is at your own risk. Neither America’s Blood Centers nor its affiliates offers any representations as to the completeness, timeliness, or accuracy of this Web site (including, but not limited to product descriptions or pricing) or representations to the percentage or length of time the Web site will be available for public access. America’s Blood Centers has no duty to update or maintain this Web site. We assume no responsibility, and shall not be liable for, any damages to your computer, telecommunications device, or other property or equipment caused by or arising from your access to, use of, or browsing this Web site or your downloading of any materials, from this Web site, whether or not the damage is caused by a virus, malicious actions of a third party, ordinary operations, or any other source of harm.

AMERICA’S BLOOD CENTERS DISCLAIMS ANY AND ALL LIABILITY FOR THIS WEB SITE. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. AMERICA’S BLOOD CENTERS DOES NOT REPRESENT THAT YOUR USE OF THE SITE WILL BE WITHOUT PROBLEMS OR WILL BE UNINTERRUPTED.

Under no circumstances will America’s Blood Centers, its employees, officers, directors, agents, affiliates, shareholders, parent companies, successors, assigns, vendors, or partners be liable to any party for any indirect, punitive, EXEMPLARY or consequential damages (including but not limited to lost profits, lost data, or interruption of business activities) whether or not notice of the possibility of such damages has been provided, and whether the claim or action is based on contract, warranty, tort, or any other legal theory.

THE TOTAL LIABILITY OF AMERICA’S BLOOD CENTERS AND ITS AFFILIATES FOR ANY DISPUTE RELATED TO THIS WEB SITE SHALL NOT EXCEED $100.

This disclaimer applies to any damages, liability or injuries INCLUDING BUT NOT LIMITED TO THOSE caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, virus, communication failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

In the event that you violate these Terms of Use, you agree that America’s Blood Centers will be subjected to irreparable harm and is entitled to injunctive relief without the posting of a bond. This remedy is in addition to any other remedy in law or equity. If America’s Blood Centers does take legal action against you, you agree to pay all attorneys fees and costs of such action.

These Terms of Use and any disputes related thereto shall be governed by the laws of the State of Iowa and you consent to the state and federal courts of Iowa as the exclusive venues for resolving any conflicts related to these Terms of Use, without regard to Iowa’s choice of law provisions. You further consent to personal jurisdiction in the state and federal courts of Iowa and waive any objections related to jurisdiction, venue, and forum non conveniens.

If any of aspect of these Terms and Conditions is 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 term.

If you believe that any aspect of this Web site infringes on your intellectual property in any way, or you have any questions about these Terms of Use, please notify us immediately at:

America’s Blood Centers
1717 K Street NW, Suite 900
Washington, DC 20006
Attention:  Legal Department