Important legal and policy information
For your reference, here are the important policies and legal information about using this website and our services.
Website user agreement
Welcome to California Cryobank. California Cryobank, Inc. ("we" “our” or "California Cryobank") provides its products and services to you subject to the following conditions. If you visit our site or purchase any products or services from California Cryobank, you accept the terms and conditions of this Website User Agreement (“User Agreement”). Please read them carefully.
Scope
License and site access
California Cryobank grants you a limited license to access and make personal use of this site and any Donor Information (collectively, "Licensed Content") and not to download (other than donor information that is validly ordered via the site or page caching) or modify Licensed Content, or any portion of it, except with express written consent of California Cryobank. This license does not include any resale or commercial use of Licensed Content; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, AI or similar data gathering and extraction tools. Licensed Content or any portion of Licensed Content may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of California Cryobank. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of California Cryobank and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing California Cryobank's name or trademarks without the express written consent of California Cryobank. Any unauthorized use terminates this permission or license granted by California Cryobank.
Privacy and electronic communications
Intellectual property and use of the site
No warranties
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT AND ANY SITE-RELATED SERVICE, AND ALL DONOR INFORMATION (INCLUDING BUT NOT LIMITED TO ANY DONOR INFORMATION THAT IS OBTAINED THROUGH THE PURCHASE OF A SUBSCRIPTION AND/OR OF INDIVIDUAL DONOR ITEMS) IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN PARTICULAR (BUT WITHOUT LIMITATION), CALIFORNIA CRYOBANK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY ITEM OR STATEMENT POSTED BY ON THE BULLETIN BOARD WILL BE ACCURATE OR RELECT THE POSITIONS OF CALIFORNIA CRYOBANK, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. CALIFORNIA CRYOBANK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE DONOR INFORMATION, THE USE OF THE RESULTS OR THE USE OF THE MATERIALS IN THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, SUITABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ALL SITE-RELATED SERVICES, INCLUDING BUT NOT LIMITED TO USE OF THE BULLETIN BOARD. IN PARTICULAR (BUT WITHOUT LIMITATION), CALIFORNIA CRYOBANK IS NOT RESPONSIBLE FOR AND DOES NOT APPROVE OR ENDORSE THE CONTENT OF ANY SITES THAT MAY BE LINKED TO THIS SITE. LINKS TO ANY SUCH SITES ARE PROVIDED FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK.
Limitation of liability
CALIFORNIA CRYOBANK, ITS AFFILIATES, ITS LICENSORS AND SUPPLIERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO OUR SITE, SITE-RELATED SERVICES OR CONTENT, OR OTHER SERVICES OR PRODUCTS OBTAINED FROM CALIFORNIA CRYOBANK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE SERVICES OR PRODUCTS IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Territorial considerations
Our site is controlled and operated by California Cryobank from its offices within the U.S.A. Our site is intended for use in the U.S.A, UK, Brazil, Canada, Australia, and Chile. California Cryobank makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the site should not be construed as the purposeful availment of the benefits or privilege of doing business in any jurisdiction other than those listed above. We reserve the right to not accept an order outside of those jurisdictions.
Binding arbitration
Notwithstanding the provisions relating to the General Provisions section below, any dispute relating in any way to your visit to our site or to products or services that you purchase from us shall be submitted to confidential arbitration in the State of Connecticut, except that, to the extent you have in any manner violated or threatened to violate California Cryobank's intellectual property rights, California Cryobank may seek injunctive or other appropriate relief in any state or federal court in the state of Delaware, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Website User Agreement shall be conducted under the rules then prevailing of the American Arbitration Association, which will appoint a neutral arbitrator to conduct the arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The prevailing party in the arbitration shall be entitled to recover all costs of the arbitration including, without limitation, attorneys’ and experts' fees.
Indemnification
You agree to indemnify, defend and hold harmless Cryobank and its affiliates, and each of their directors, officers, employees, agents, representatives, independent contractors, customers, successors and assigns from and against any claim, loss, damage, liabilities, demands, offsets, causes of action and expenses, including attorneys' and experts' fees, arising out of or related to any third- party action, proceeding, or dispute involving your use of our site or products or services that you obtain from us. California Cryobank shall promptly notify you in writing of any such third-party action and you agree to immediately assume full control and responsibility for such matter including the payment of all expenses and liabilities, including attorneys' and experts' fees in connection therewith; provided, however, that you shall not settle any such action without the prior written consent of California Cryobank, which consent shall not be unreasonably withheld.
General provisions
Terms and conditions of purchase of donor information
You may choose to purchase a Level 2 Full Access Subscription (or any other type of subscription offering) and/or ala carte donor items (defined as “Donor Information” above). These purchases and their use upon purchase by you are subject to the terms and conditions of this User Agreement. Your payment for these items is non-refundable. The types and prices of the offerings are subject to change.