Last Updated Date: April 2, 2022
NO MEDICAL ADVICE
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.
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.
- THE TRANSPLANT COACH DOES NOT ORDER OR ADVISE TESTS OR VACCINES. RATHER, THE TRANSPLANT COACH HELPS YOU ORGANIZE YOUR APPLICATION. ANY AND ALL TESTS, ELIGIBILITY, AND THE EVALUATION OF RISKS AND BENEFITS ARE THE RESPONSIBILITY OF YOUR MEDICAL PROVIDER(S). VACCINE ELIGIBILITY, BENEFITS AND RISKS SHOULD ALSO BE EVALUATED WITH YOUR MEDICAL PROVIDER(S).
- AGE APPROPRIATE CANCER SCREENINGS ARE THE RESPONSIBILITY OF YOUR MEDICAL PROVIDER. PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO MEDIATE AND, IF MEDIATION FAILS, TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TXMULTILISTING AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Copyrights and Other Intellectual Property
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 TxMultilisting 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 email@example.com with “DMCA Notice” in the subject line or by mail at Copyright Agent, c/o TxMultilisting, 12717 Ox Meadow Dr, Oak Hill, VA, 20171. Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.
Use of this Site
Contents of the Services may be used solely for the furtherance of your relationship with TxMultilisting 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 TxMultilisting. 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 TxMultilisting'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, TxMultilisting's name, any TxMultilisting trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TxMultilisting's express written consent;
access, tamper with, or use non-public areas of the Services, TxMultilisting's computer systems, or the technical delivery systems of TxMultilisting's providers;
attempt to probe, scan, or test the vulnerability of any TxMultilisting system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TxMultilisting or any of TxMultilisting'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. TxMultilisting 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.
User Submissions, Feedback and Information
Limitation of Liability
IN NO EVENT SHALL THE TXMULTILISTING 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 TXMULTILISTING 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.
Links to Third Party Web sites Products, Services
TxMultilisting may establish links between the Services and one or more web sites operated by third parties. TxMultilisting 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 TxMultilisting of such websites, the contents of the third party websites, the products or services of such websites or the operators of the websites. TxMultilisting 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 TxMultilisting 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 TxMultilisting is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
TxMultilisting Use of Data
You also hereby grant to TxMultilisting a perpetual, non-cancelable, worldwide, non-exclusive right to utilize any data that arises from the use of the Services or any TxMultilisting 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.
Termination of Use
PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO MEDIATE AND, IF MEDIATION FAILS, TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TXMULTILISTING 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.
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.
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.
Users Outside the United States
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.
Questions and contact information