Last Updated Date: March 23, 2024
These Terms of Use of Transplant Coach Inc. ( “Transplant Coach” or “we” or “our”) govern the use of our online applications, services and our website at www.transplantcoach.com (the “Site”, and collectively with the foregoing, the “Services”). By accessing or using the Services, you agree to be bound by the following terms and conditions concerning your use of this site ( “Terms of Use” ), Transplant Coach’s Privacy Policy, and all applicable laws, rules and regulations. Transplant Coach may make changes to the Services, Contents (as defined below), the Terms of Use, and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy shall be posted on this Site. You are responsible for regularly reviewing these Terms of Use and Privacy Policy. Your continued use of the Services following any changes shall constitute your acceptance of such changes. If you do not agree to the Terms of Use and Privacy Policy, then you may not use the Services.
IF YOU ARE HAVING A MEDICAL EMERGENCY, DIAL 911 IMMEDIATELY.
The site does not provide any medical advice or render any healthcare services of any kind, and the site is not operated by healthcare providers of any capacity. We are not health care providers. As a result, we are not intended to provide medical information or replace the advice of a healthcare professional. We are solely designed to support, not replace, the relationship that exists with any physician, transplant care and other healthcare professionals.
What we do is provide a way for you to take control and manage health care data. While we are not a covered entity under the Health Insurance Portability and Accountability Act (HIPAA), we take both the protection of your private health information and your ability to control and access such information very seriously, and will only use and disclose your information in accordance with our Privacy Policy.
TRANSPLANT COACH WILL NOT INTERPRET, REVIEW OR DISCUSS ANY OF THE DATA/MEDICAL REPORTS UPLOADED TO COMPLETE THE APPLICATION. TRANSPLANT COACH IS NOT A TRANSPLANT CENTER AND DOES NOT PROVIDE MEDICAL ADVICE; THE APPLICATION INSTRUCTION SHOULD NOT BE VIEWED AS MEDICAL ADVICE.
THE FILING OR SENDING OF AN APPLICATION FOR A TRANSPLANT DOES NOT REPLACE THE EVALUATION FOR TRANSPLANT AND DOES NOT GUARANTEE YOU WILL BE ACCEPTED AT A CENTER OR RECEIVE A TRANSPLANT.
THE TRANSPLANT COACH DOES NOT ADDRESS THE TYPE OF KIDNEY TRANSPLANT (LIVE KIDNEY DONOR, DECEASED KIDNEY DONOR OR COMBINED PANCREAS KIDNEY TRANSPLANT).
THE TRANSPLANT COACH DOES NOT RANK OR FAVOR ANY CENTER OR ADVISE CHOOSING ANY CENTER OVER ANY OTHER. THE SERVICES HELP USERS DETERMINE WHICH TRANSPLANT LIST MAY BE THE SHORTEST FOR THEM.
Except where otherwise expressly noted or as noted below, all materials and information contained on the Services, including but not limited to, all images, pictures, logos, illustrations, designs, photographs, video clips, text, icons, graphics, case studies, white papers, press releases, designs, overall appearance of the Services, and written and other materials that appear on the Services are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Contents”) by Transplant Coach or its affiliates or are the property of their respective owners and are protected by U.S. and international copyright laws and conventions. We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
description of the copyrighted work that you claim has been infringed;
description of the material that you claim is infringing and where it is located on the Services;
identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
your address, telephone number, and email address;
statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You can contact our Copyright Agent via email at irena@transplantcoach.com with “DMCA Notice” in the subject line or by mail at Copyright Agent, c/o Transplant Coach Inc, 1209 Orange Street, Wilmington, DE, VA, 19801. Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.
Contents of the Services may be used solely for the furtherance of your relationship with Transplant Coach and you may not copy, use, modify, distribute, transfer, download, upload, resell, or republish any of the Contents of the Services without the prior written authorization of Transplant Coach. In connection with your use of the Services, you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court;
infringe, misappropriate or violate Transplant Coach's or any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
“scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
display, mirror or frame the Services, or any individual element within the Services, Transplant Coach's name, any Transplant Coach trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Transplant Coach's express written consent;
access, tamper with, or use non-public areas of the Services, Transplant Coach's computer systems, or the technical delivery systems of Transplant Coach's providers;
attempt to probe, scan, or test the vulnerability of any Transplant Coach system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Transplant Coach or any of Transplant Coach's providers or any other third party (including another user) to protect the Services or any of the Contents on the Services;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited. Transplant Coach reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions” ) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms of Use. Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of Transplant Coach and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and Transplant Coach shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses. With respect to all other Submissions, you hereby grant Transplant Coach an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms of Use. Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by Transplant Coach.
You agree to defend, indemnify and hold harmless Transplant Coach, its officers, directors, contractors, employees, suppliers and agents (collectively, the “Transplant Coach Parties”) from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Services or breach by you of these Terms of Use.
THESE DISCLAIMERS ARE IN ADDITION TO THOSE SET FORTH AT THE BEGINNING OF THESE TERMS OF USE. THE SERVICES, INCLUDING ALL CONTENTS, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRANSPLANT COACH MAKES NO WARRANTY THAT: (A) THIS THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY CONTENTS OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. TRANSPLANT COACH SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENTS OR SOFTWARE.
IN NO EVENT SHALL THE TRANSPLANT COACH PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S USE OF THE SERVICES OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SERVICES OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THE SERVICES OR ANY OTHER WEB SITE, EVEN IF TRANSPLANT COACH IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING PARAGRAPHS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
Transplant Coach is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current Privacy Policy at Privacy Policy. Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Services may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. Passwords You are responsible for maintaining the confidentiality of any password(s) you are given to access this Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Transplant Coach immediately of any unauthorized use of your password(s).
Transplant Coach may establish links between the Services and one or more web sites operated by third parties. Transplant Coach has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement, representation or warranty by Transplant Coach of such websites, the contents of the third party websites, the products or services of such websites or the operators of the websites. Transplant Coach disclaims responsibility for the privacy policies and customer information practices of third-party Internet sites hyperlinked to the Services. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Transplant Coach is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Transplant Coach is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
You also hereby grant to Transplant Coach a perpetual, non-cancelable, worldwide, non-exclusive right to utilize any data that arises from the use of the Services or any Transplant Coach or its affiliates’ products by you for any legitimate business purpose, including the right to share such data to third parties as necessary for us to perform the Services you request (such as providing information to transplant centers, payment processors, technology providers and electronic fax service providers), subject to all legal restrictions regarding the use and disclosure of such information.
Your use of the Services is entirely voluntary. You may suspend or terminate your use of the Services at any time. You agree that Transplant Coach may, in its sole discretion, at any time terminate your access to the Services and any account(s) you may have in connection with the Services. Access to the Services may be monitored by Transplant Coach. You also agree that any violation by you of these Terms of Use will cause irreparable harm to Transplant Coach for which monetary damages would be inadequate, and you consent to Transplant Coach obtaining any injunctive or equitable relief that Transplant Coach deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Transplant Coach may have at law or in equity.
PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO MEDIATE AND, IF MEDIATION FAILS, TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TRANSPLANT COACH AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
All matters relating to your access to, and use of, the Services shall be governed by U.S. law and the laws of the State of Virginia excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods. The parties shall first attempt to resolve all disputes, claims, suits, or controversies arising out of or in any way connected with these Term of Use and the use of the Services (collectively, “Disputes”) initially by prompt, good faith negotiation. Any party may give the other party written notice of any dispute not resolved in the normal course of business, in which case the business managers for each party will meet and confer in an attempt to resolve the dispute within five (5) business days of the written notice. If the parties’ business managers are unable to negotiate a resolution of the dispute, the dispute will be escalated to the executive level (Vice President or higher) of each party, who will meet and confer regarding a resolution to the dispute within ten (10) business days.
Mediation. If the dispute has not been resolved by such informal negotiations, any party may request mediation of the dispute by providing written notice to the other party. The mediation shall be administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Rules then in effect. The location of the mediation shall be Alexandria, Virginia.
Binding Arbitration. You agree that to the fullest extent permitted by law Disputes not resolved by negotiation or mediation shall be finally settled by binding arbitration administered by AAA under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these.
Terms of Use. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).
No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Location. The location of the arbitration shall be in Alexandria, VIrginia.
Authority of Arbitrator(s). As limited by the AAA Rules and these Terms of Use, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
Exclusions. The agreement to negotiation, mediate and arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law.
Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms of Use, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Alexandria, Virginia for the purpose of litigating all such disputes. You also waive your rights to a jury trial. Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
When you access or use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via SMS (including for purposes of user authentication), email or through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may preserve these Terms of Use in written form by printing it for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document. You may not use or export or re-export any Contents or any copy or adaptation of such Contents, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. All provisions of these Terms of Use are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms of Use, together with our Privacy Policy and any other legal notices published by Transplant Coach, constitute the entire agreement between you and Transplant Coach with regard to your use of the Services. Transplant Coach's failure to insist on or enforce strict performance of these Terms of Use shall not be deemed a waiver by Transplant Coach of any provision or any right it has to enforce these Terms of Use. Any such waiver must be in writing in order to be effective. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
Please contact us if you have any questions about these Terms of Use. You may contact us by emailing us at irena@transplantcoach.com.