In these Terms and Conditions of Use, the following capitalized terms shall have the following meanings, except where the context otherwise requires:
“Mobile Account” means an account created by a User on the Mobile ApplicationApp as part of Mobile Registration.
“Donation” means your donation of blood and/or blood components to Bloodworks NW Account” means an account created by a User onmade or managed via the Mobile Application as part of establishing a Bloodworks NW Registration.App.
“Register” means to create an Account on the Mobile ApplicationApp and “Registration” means the act of creating such an Account.
“Services” means all the services provided by Bloodworks NW and Degree 37 LLCwe provide via the Mobile ApplicationApp to Users, and “Service” means any one of them,
“Users” means users of the Mobile ApplicationApp, including you, and “User” means any one of them.
3. GENERAL ISSUES ABOUT THE MOBILE APPLICATIONAPP AND THE SERVICES
3.2 Location: The Mobile ApplicationApp and the Services are intended solely for use by Users who access the Mobile Application in in regard to interactingApp to interact with Bloodworks NW. in the United States of America (“USA”). We make no representation or warranty that the Services) are or will be available or otherwise suitable for use outside of the USA. Notwithstanding the aboveforegoing, if you access the Mobile ApplicationApp or use the Services from locations outside the USA, you do so on your own initiative and risk and are responsible for the consequences and for compliance with all applicable laws and regulations and any rights of third-parties outside the USA.
3.3 Scope: The Mobile ApplicationApp and the Services are for your non-commercial, personal use only and must not be used for business purposes.
3.4 Prevention on useof Use: We reserve the right at any time to prevent or restrict you from using the Mobile ApplicationApp and the Service (or any part of them) and to prevent you from performing any Donation or other electronic transactionsinteractions with Bloodworks NW.
3.5 Equipment and Networks: The provision of the Services and the Mobile ApplicationApp does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile ApplicationApp or the Services or make any RedemptionsDonations. To use the Mobile ApplicationApp or Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Mobile ApplicationApp. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile ApplicationApp or any such third -party charges as may arise. You accept responsibility for, and hereby agree to indemnify us for any such charges that arise.
3.6 Minors: To download, install, access or use the Mobile App, you must be 18 years of age or over. If you are under 18 and you wish to download, install, access or use the Mobile App, you must get consent from your parent or guardian before doing so.
3.7 Permission to useUse Mobile ApplicationApp: If you are not the bill -payer for the mobile telephone or handheld device being used to access the Mobile ApplicationApp, you will be assumed to have, and hereby warrant that you have received permission from the bill -payer for using the Mobile ApplicationApp.
3.78 License to Use Material: By submitting any text or images (including photographs) (“Material”) via the ApplicationMobile App, you hereby represent and warrant that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive, perpetual license to use the Material to promote any products or services.
4. ELECTRONIC INTERACTIONS
4.1 Need for registrationRegistration: You must Register to perform electronic interactions with Bloodworks NW’s information technology and communications systems orand those of any supporting third -parties from the Mobile ApplicationApp.
4.2 Application of theseThese Terms and Conditions of Use: By performing any interaction, you acknowledge and agree that the interaction is subject to these Terms and Conditions of Use.
5. LOCATION ALERTS AND NOTIFICATIONS
5.1 You agree to receive communications on the Mobile ApplicationApp from Bloodworks NW if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).
6. YOUR OBLIGATIONS
6.2 AccurateContent on the Mobile App and Service: It is your responsibility to ensure that all of your information: in the Mobile App is accurate. You warrant that all of your information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes or inaccuracies to such information by updating the information in your Account by calling the Bloodworks NW contact centerContact Center at 800-398-7888.
6.3 Content on the Mobile Application and Service: It is your responsibility to ensure that any information presented in the mobile application is accurate and report inaccuracies to the Bloodworks NW Contact Center.
6.4 Prohibitions in relationRelation to usageUsage of Services or Mobile ApplicationApp: Without limitation, you undertakeagree not to, or to permit anyone else to:
6.3.1 attempt to access data of another individual;
6.3.2 furnish false data including false names, addresses and contact details and fraudulently schedule appointments knowing they will not be kept;
6.3.3 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
6.3.4 execute any form of network monitoring which will intercept data not intended for you;
6.3.5 enter into fraudulent interactions or transactions with us (including interacting or transacting purportedly on behalf of a third-party where you have no authority to bind that third-party or you are pretending to be a third-party);
6.3.6 extract data from or hack into the Mobile App;
6.3.8 engage in any unlawful activity in connection with the use of the Mobile App or the Services; or
6.3.9 engage in any conduct which, in our opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile App or Services.
6.3.10 permit any unauthorized use the Services or Mobile ApplicationApp;
6.4.1 to3.11 send or receive any material which is not civil or tasteful
6.4.2 to send or receive any material which ismay be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, grossly offensive, of an indecent, obscene or embarrassing, malicious, abusive, hateful, menacing character, blasphemous or , defamatory of any person, in contempt of court, untrue or political, contrary to our interests, or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third -party rights;
6.4.3 to.12 send or receive any material for which you have not obtained all necessary licenses and/or approvals (from us or third -parties); or which constitutes or encourages conduct that would be considered a criminal offenceoffense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third -party in any country in the world;
6.4.4 to3.13 send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
6.4.5 to cause annoyance, inconvenience or needless anxiety;
6.4.6 to3.14 intercept or attempt to intercept any communications transmitted by way of a telecommunicationsan information technology or communications system;
184.108.40.206.15 use the Services or Mobile App (i) for a purpose other than which we have designed them or intended them to be used;
6.4.8, (ii) for any fraudulent purpose;
6.4.9, (iii) other than in conformance with accepted Internet practices and practices of any connected networks;
6.4.10, (iv) in any way which is calculated to incite hatred by or against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
6.4.11, (v) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
6.5 Prohibitions in relation to usage of Services, Mobile Application: Without limitation, you further undertake6.4 You agree not to reproduce, duplicate, copy or permit anyone else to:
6.5.1 attempt to access data of another individual
6.5.2 furnish false data including false names, addresses and contact details and fraudulently schedule appointments knowing they will not be kept.
6.5.3 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorized to access, or probere-sell the security of other networks (such as running a port scan);
6.5.4 execute Mobile App or any form of network monitoring which will intercept data not intended for you;
6.5.5 enter into fraudulent interactions or transactions with us (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
6.5.6 extract data from or hack into part of the Mobile Application;App.
6.5.7 use the Services or Mobile Application in breach of these Terms and Conditions of Use;
6.5.8 engage in any unlawful activity in connection with the use of the Mobile Application or the Services; or
6.5.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile Application or Services.
6.5 You agree not to access without authority, interfere with, damage or disrupt: (a) any part of the Mobile App; (b) any equipment or network on which the Mobile App is stored; (c) any software used in the provision of the Mobile App; or (d) any equipment or network or software owned or used by any third-party.
6.6 You agree to comply at all times with any instructions for use of the Mobile App which we make from time to time.
7. RULES ABOUT USE OF THE SERVICE AND THE MOBILE APPLICATIONAPP
7.1 We will use reasonable endeavorsattempt to correct any faults, errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile ApplicationApp will be free of faults, errors or omissions, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting usthe Bloodworks NW Contact Center at 800-398-7888.
7.2 We do not warrant that your use of the Services or the Mobile ApplicationApp will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile ApplicationApp will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile ApplicationApp, access to the Services and the Mobile ApplicationApp may be suspended, restricted or terminated at any time.
7.3 We do not give any warranty that the Services and the Mobile ApplicationApp are free from viruses or anything else which may have a harmful effect on any technology.
7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile ApplicationApp from time to time. Your access to the Mobile ApplicationApp and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile ApplicationApp at any time.
7.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
8. SUSPENSION AND TERMINATION
8.1 If you use (or anyone other than you, with your permission uses)We reserve the right, in our sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Mobile Application, any Services in contravention of App, as well as any aspect pertaining to the use of the Mobile App, the Service or Website.
8.2 Without limiting anything else in these Terms and Conditions of Use, we may shall be entitled immediately or at any time (in whole or in part) to: (a) suspend or terminate the Services and/or Mobile App; (b) suspend or terminate your use of the Services and/or Mobile Application.App; and/or (c) suspend or terminate the use of the Services and/or Mobile App for persons we believe to be connected (in whatever manner) to you, if:
8.2 If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
8.2.3 we suspect that you may have committed or be committing any fraud against us or any person.
8.3 We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of these Terms and Conditions of Use.
8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if:
8.4.1 you commit any breach of these Terms and Conditions of Use;
8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or
8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
8.5 Our rights under this Clause8.4 Our rights under this paragraph 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination, including damages and injunctive relief.
9. DISCLAIMER AND EXCLUSION OF LIABILITY
9.1 The Mobile ApplicationApp, the Services, the information on the Mobile ApplicationApp and use of all related facilities are provided on an “as is, as available” basis without any warranties whetherwarranty, express or implied.
9.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile ApplicationApp and its contents, including in relation to any inaccuracies or omissions in the Mobile ApplicationApp, warranties of title, merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
9.3 We do not warrant that the Mobile ApplicationApp will always be accessible, uninterrupted, timely, secure, error free or free from error, computer virus or other invasive or damaging code or that the Mobile ApplicationApp will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
9.4 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile ApplicationApp, we make no warrantieswarranty or representationsrepresentation as to its accuracy, timeliness or completeness.
9.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
9.79.6 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
9.87 Notwithstanding our efforts to ensure that our system isinformation technology and communications systems are secure, you acknowledge that all electronic data transfers and communications are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile ApplicationApp, or electronic mail transmitted or telephone messages to and from us, will not be monitored or read by others.
You agree to indemnify and keephold us indemnifiedand our respective officers, directors, trustees, agents and employees, harmless from and against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Mobile App or Services, (b) any other party’s use of the Mobile App or Services using your user ID, verification PIN and/or any identifier number allocated by Bloodwork NW or Degree 37us, (c) your violation of applicable law, and/or (cd) your breach of any provision of these Terms and Conditions of Use, and to pay usany damages, losses, liabilities, expenses (including attorneys fees and costs) and interest incosts connection with any such claim, action, suit or proceeding.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade markstrademarks on the Mobile ApplicationApp are protected by copyright laws and/or other laws and/or international treaties, and to our actual knowledge belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
11.2 Nothing contained on the Mobile ApplicationApp should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile ApplicationApp without our written permission. Misuse of any trademarks or any other content displayed on the Mobile ApplicationApp is prohibited.
11.3 We will not hesitate to take legal action against any unauthorized usage of our trade marks, nametrademarks, names or symbols to preserve and protect itsour rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade markstrademarks of their respective owners.
12.1 We may periodically make changes to the contents of the Mobile ApplicationApp from time-to-time, including to the descriptions of servicesServices advertised, at any time and without notice. We assume no liability or responsibility for any faults, errors or omissions in the content of the Mobile ApplicationApp.
12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without prior notice. The revisedamended Terms and Conditions of Use will be posted on the Mobile ApplicationApp and shall take effect from the date of such posting. You are advised to review these termsTerms and conditions periodicallyConditions and any amendments as they are binding upon you.
13. APPLICABLE LAW AND JURISDICTION
13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction and venue of the courts of the State of Washington in the country of, USA in respect of any dispute arising out of and/or in connection with the Mobile App, the Services and these Terms and Conditions of Use.
(a) Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
(b) We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
(c) We will only retain personal information as long as necessary for the fulfillment of those purposes or as long as government laws and regulations require.
(d) We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
(e) Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
(f) We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
(g(g) We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to: (i) comply with any applicable law, regulation, legal process, or appropriate government request; (ii) protect any person from death or serious bodily injury; (iii) prevent fraud or abuse of us or our users; (iv) protect our rights, property, safety, or interest; or (v) perform a task carried out in the public interest.
(h) If we are involved in a reorganization, merger, acquisition, or sale of our assets, your information may be transferred as part of that deal. We will notify you (for example, via a message to the email address associated with your account) of any such deal and outline your choices in that event.
(i) By using Facebook authentication when creating a mobile account and for on-going user authentication the only information collected is xxxxx, yyyyy, zzzzz.his This information will be used solely for Bloodowrks NW and Degree 37 llc mobile accountAccount creation and authentication purposes.
We are committed to conducting our business in accordance with these principles in order to help ensure that the confidentiality of personal information is protected and maintained.
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