Terms of use

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When you use the NMDPSM website (located at nmdp.org, Marrow.org and BeTheMatchClinical.org, including any subdomain of thereof, and collectively referred to herein as the "Website"), you agree to be bound by the Terms of Use stated below. These Terms of Use explain your legal obligations when using this Website. If you do not agree to these Terms of Use, please do not use this Website.

The terms of use covers the following main areas:

Privacy

These Terms of Use also incorporate the terms of the NMDP's Privacy Statement.

SMS Text Messaging Terms and Conditions

Please see the SMS Text Messaging Terms and Conditions.

Medical Disclaimer

Information contained on this Website is not a substitute for a doctor's medical judgment or advice. NMDP recommends that you discuss your specific, individual health concerns with your doctor or health care professional. The materials and discussions presented here describe current treatment options and drugs or treatments that may be under study and are for informational purposes only. Treatment options or donation procedures should be determined by an individual and their treating doctor based on the individual's overall health, age, disease, disease stage, and, if transplant is being considered as a treatment option, the availability of a suitably matched adult donor or umbilical cord blood unit.

NMDP Registry Membership Terms and Conditions

By joining the NMDP RegistrySM, you are volunteering to potentially help a patient who needs a bone marrow or peripheral blood stem cell transplant.

Your ability to join the NMDP Registry and remain an NMDP Registry member depends on applicable eligibility criteria. NMDP determines NMDP Registry membership and may determine that a person is Ineligible, deny or suspend membership, or remove an NMDP Registry member, who will then become a Previous NMDP Registry member.

These NMDP Registry Membership Terms and Conditions (the “Membership Terms”) outline important information about interacting with the NMDP Registry.  In the event of any direct conflict between these Membership Terms and the general Terms of Use regarding your relationship with the NMDP Registry, these Membership Terms govern.

DEFINED TERMS

For these Membership Terms, these definitions apply:

  • NMDP Registry applicant. A person who has submitted information or consent to be considered for NMDP Registry membership, but has not yet submitted a completed swab.
  • Ineligible. A person who NMDP determines, in its sole discretion, does not meet the requirements to join the NMDP Registry or remain an NMDP Registry member.
  • NMDP Registry member. A person listed on the NMDP Registry and who remains eligible, active, and available for possible donation-related opportunities.
  • Previous NMDP Registry member. A person who was an NMDP Registry member but whose membership has been removed or otherwise ended for any reason.
  • Swab. A cheek swab sample you provide so NMDP can identify your human leukocyte antigens (HLA), which are proteins found on most cells in the human body. HLA information helps determine whether a potential donor may be a suitable match for a patient. A swab kit may be completed at an in-person NMDP event or returned via prepaid envelope.
  • Required Communications. Communications that NMDP determines are necessary to administer the NMDP Registry, maintain accurate and complete information, assess your continued availability and willingness to donate, or notify you of potential patient match or NMDP BioTherapiesSM opportunities, as further described in Section 2.2.

NMDP determines each person’s status and may change or suspend that status, determine that a person is Ineligible, or remove an NMDP Registry member, who will then become a Previous NMDP Registry member, at any time based on eligibility, operational needs, responsiveness, data quality, legal or regulatory requirements, or other reasons.

1. JOINING THE NMDP REGISTRY AND ACCOUNT MANAGEMENT

1.1. Joining the NMDP Registry. Individuals may join the NMDP Registry by following current registration procedures. You acknowledge and agree that NMDP may use a third party to perform the laboratory analysis of the swab kit you provide.

1.2. Online Account Creation and Maintenance. NMDP Registry applicants and NMDP Registry members may create an online account. You will provide accurate, current, and complete Registration Information and update it as appropriate. If NMDP identifies information that may need correction or updating, it may contact you or take reasonable steps regarding your Website access or online account, including online account deactivation, without prior notice. You may not use a username that is already in use or an email address that belongs to another person. NMDP may reject a username or email address at its discretion. You agree that your online account is for your use only. You are responsible for protecting your password and for all activity under your account and promptly notifying NMDP of any unauthorized use of your username, password, or account.

1.3. Online Account and Membership Actions. You understand and agree that NMDP may disable your online account login credentials, deny your application to join the NMDP Registry, deactivate your online account, determine that you are Ineligible, and/or suspend or remove your NMDP Registry membership without prior notice if NMDP believes you have violated the Terms of Use or these Membership Terms, or for any other reason. If your membership is removed or otherwise ends, you will become a Previous NMDP Registry member. NMDP is not liable to you or any third party for denying you access to any portion of the Website.

1.4. Voluntary Removal. An NMDP Registry member may request removal from future searches at any time. NMDP will process the request in accordance with its applicable procedures and will provide confirmation when the request has been received. Upon removal, the individual will become a Previous NMDP Registry member and will no longer be available to be matched with searching patients. Removal as a donor does not affect the individual’s eligibility to receive NMDP services if needed.

2. ACTIVE ENGAGEMENT

The primary purpose of the NMDP Registry is to facilitate life-saving transplants for searching patients. The NMDP Registry can support patients only when NMDP Registry members remain reachable, responsive, and willing to take timely action when contacted. Because a patient’s opportunity for transplant may depend on the availability and responsiveness of a potential donor, your active engagement with communications from NMDP is essential to the purpose and effectiveness of the NMDP Registry.

2.1. Required Communications. You understand the importance of promptly reviewing and responding to critical communications, which include, but are not limited to:

  • Potential Patient Match Notifications: Communications indicating you have been identified as a potential match for a searching patient. These communications may be sent via SMS text message, email, phone call, and/or mail.
  • Annual Recommitment Communications: An annual email communication asking you to take steps to reaffirm your willingness and general availability to donate life-saving cells. If you have not opted out of SMS text messages, you may also receive this communication via SMS text message.
  • Swab Kit Processing Communications: Communications to support processing of your initial or subsequent swab kits, including instructions, status updates, requests for repeat swab kits, and general requests for information.
  • Data Completion Communications: Communications to obtain updated information about you.
  • Potential NMDP BioTherapies Opportunity Communications: Communications indicating you may be a candidate for an NMDP BioTherapies opportunity.

2.2. Alternate Contact. You understand that NMDP may contact the person you identified as an alternate contact if NMDP is unable to reach you with a Potential Patient Match Notification. NMDP may disclose only the information reasonably necessary to ask the alternate contact to help NMDP reach you. You represent that you have permission to provide the alternate contact’s information and will keep that information accurate and current. Designating an alternate contact does not authorize that person to make decisions on your behalf.

2.3. Effects of Non-Engagement.  If you do not engage actively with Required Communications, NMDP cannot be confident that you will be reachable, available, and willing to move forward when a patient is depending on your timely response. As a result, non-engagement reduces the effectiveness of the NMDP Registry, affects your likelihood of being selected as a potential donor, and may result in NMDP suspending or removing your status as an NMDP Registry member. If your membership is removed, you will become a Previous NMDP Registry member. You will be notified if your NMDP Registry membership is suspended or removed.

3. MODIFICATION OF TERMS 

NMDP may modify or update these Membership Terms from time to time. NMDP will provide notice of material updates by reasonable means, which may include posting the updated Membership Terms on the Website, sending an email, providing notice through your online account, or using another communication method available to NMDP. Unless a later effective date is stated in the notice or required by law, material updates will take effect 15 days after NMDP provides notice. Updates that are administrative, corrective, required by law, or necessary for donor/patient safety, operational integrity, or security may take effect immediately upon posting or notice. Your continued participation in, or use of services associated with, the NMDP Registry after the applicable effective date means you accept the updated Membership Terms.

Rules of Conduct

While using the Website, you agree to comply with all applicable laws, rules and regulations. In addition, NMDP expects the users of the Website to respect the rights and dignity of others. Therefore, when using this Website, you agree not to:

  1. Post or submit information about another person or company without the authorization to do so.
  2. Interfere with any other user’s right to privacy by trying to access or collect information about any individual users of this website.
  3. Interfere with the functioning of the Website or with other people’s use of the Website in any way, including:
    • Posting or transmitting any file or computer code or program (for example, viruses, worms, Trojan horses) that could damage or interfere with the operation of any hardware, software or telecommunications equipment.
    • Interfering with the functioning of the website, its servers or networks.
    • Hacking, defacing or modifying any portion of the website.
  4. Copy, republish, sell or use for commercial purposes any portion of this Website unless you have prior written permission from NMDP. This includes framing or mirroring any part of the Website, systematically downloading and storing any content, putting the content in a database or republishing it.
  5. NMDP may, at its sole discretion, remove any posts that it considers: (a) false, inaccurate, or misleading; (b) inappropriate or offensive, including posts that are harassing, abusive, obscene, or hateful; (c) an infringement on any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; (d) promotional of commercial products or illegal activities; or (e) that otherwise violate the NMDP’s Terms of Use. Individuals continuing to make such posts will be removed from the Website at NMDP’s discretion.
  6. While some content areas on the Website are monitored periodically for topicality, NMDP has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify NMDP of inappropriate or illegal content. NMDP reserves the right to remove postings for any reason.

Links to Other Sites

The Website provides links to other Internet sites for informational purposes and the convenience of its users. NMDP is not responsible for the availability or content of these external sites, nor does NMDP control or guarantee the currency, accuracy, relevance or completeness of information found on linked-to, external websites.

NMDP cannot guarantee that linked, external websites comply with Section 508 (Accessibility Requirements) of the Rehabilitation Act. While occasionally NMDP makes endorsements or recommendations, it does not recommend products or services that appear as pop-up advertisements, and its endorsements are limited to those products and services that it explicitly recommends, and not those that may appear on its Website for informational purposes.

Links to NMDP’s Website

NMDP grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to our Website under the following conditions: (a) the links and the content on your website must not suggest any affiliation with or endorsement by NMDP or cause any other confusion regarding your relationship to NMDP or its online services; (b) the link opens to the full version of applicable online services webpage, and each page within the Website is displayed in full (including all trademarks and branding), unaltered, and without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website; and (c) the links and content on your website do not portray NMDP or its affiliates or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, threatening, harassing, or that violates any right of any third party or is otherwise objectionable to NMDP. NMDP reserves the right to suspend, withdraw permission, or prohibit linking to its online services for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party. Unless NMDP enters into a specific written agreement with you, you may not use any of NMDP’s names, logos, designs, slogans, trademarks, or service marks in or with your links, except that you may link to NMDP’s site using the plain text name of that site.

Ownership of Website Content and Other NMDP Intellectual Property

Unless otherwise indicated, copyright in all material on the Website is owned by NMDP. You are welcome to print copies for your personal use. For any other use, the copyrighted materials may not be reproduced in whole or in part without prior written permission from NMDP. In addition, a number of NMDP’s proprietary trademarks, service marks, and logos appear on this Website, including but not limited to National Marrow Donor Program, Be The Match, and the Be The Match logo. All such content is the intellectual property of NMDP and is prohibited from use by third parties, except under license or with express written permission by NMDP. For information about getting permission to use copyrighted materials and/or trademarks, service marks, and logos owned by NMDP, see Request copyright and trademark information.

User Submissions

Certain NMDP webpages allow individuals (“Contributors”) to post messages, stories, images and other content (“User Submissions”) to the site. As a Contributor, you are solely responsible for all information and materials, including data and images, you post, upload, transmit, or make available to others using this Website. Under no circumstances will the NMDP be liable in any way for any User Submissions posted on or made available through this Website by you, any other Contributor, or by any third party.

If you are a Contributor, you (or the author) own the copyright in your User Submissions; however, by posting such content on the Website, you grant NMDP an unlimited right and license to use, copy, display, perform, distribute, translate, edit, and create derivative works of your User Submissions, subject to the terms of the Privacy Statement. 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NMDP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. NMDP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OR CODE UNDERLYING THE WEBSITE WILL BE CORRECTED.
  3. ANY MATERIAL SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS SUBMITTED AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE NMDP OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NMDP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE NMDP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE SUBMISSION OF INFORMATION IN THE PROCESS OF APPLYING TO BECOME A MEMBER OF THE BE THE MATCH REGISTRY; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO, DISCLOSURE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO YOUR USE OF THE WEBSITE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold NMDP and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of, your use of the Website, including your application to become a member of the NMDP Registry.

Governing Law and Jurisdiction

This Website is controlled by the NMDP, which has headquarters in the State of Minnesota in the United States. The laws of the State of Minnesota govern the contract formed by these Terms of Use. You agree that the federal court of the District of Minnesota, if it has subject matter jurisdiction, has exclusive jurisdiction to hear and determine any claims or disputes between you and NMDP (and its members, managers, officers, employees, agents and the assigns of same), pertaining directly or indirectly to these Terms of Use, or to any matter arising from your use of the Website. If such federal court lacks subject matter jurisdiction, any state court located in Hennepin County, Minnesota, shall have exclusive jurisdiction to hear and determine such claims or disputes.

Changes to the Website

NMDP can change or remove, either temporarily or permanently, the Website or any part of it at any time and without prior notice to you. You agree that NMDP is not liable to you or to anyone else for any change or discontinuance to the Website or any content, feature or product offered on the Website.

Waiver and Severability

If NMDP does not exercise or enforce any particular right or provision in these Terms, NMDP does not waive that right or provision. If a court finds any provision of these Terms invalid, then you and NMDP agree that the court should try to follow the intention of that provision and that all other provisions of these Terms will remain in effect.

Changes to Terms of Use

NMDP may change these Terms of Use at any time by posting the changed Terms on the Website. All terms are automatically effective as soon as they are posted.