Terms of Use

When you use the National Marrow Donor Program's Be The Match® Web site and the Be The Match Foundation® Web site (located at www.BeTheMatch.org and www.BeTheMatchClinical.org, and collectively referred to herein as the "Web site"), you agree to be bound by the Terms of Use stated below. These Terms of Use explain your legal obligations when using this Web site. If you do not agree to these Terms of Use, please do not use this Web site. For the purposes of these Terms of Use, National Marrow Donor Program® and Be The Match Foundation shall be collectively referred to as "NMDP".

The terms of use covers the following main areas:

Privacy

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

Medical Disclaimer

Information contained on this Web site is not a substitute for a doctor's medical judgment or advice. The 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 his or her 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.

Registration

  1. Certain functions of the NMDP Web site require registration, such as joining the federally authorized registry of the C.W. Bill Young Cell Transplantation Program, administered by the NMDP as the Be The Match Registry® (referred to here as the Registry). In consideration of your use of this Web site, you agree that if you register on this Web site, you will provide accurate, current, and complete information about yourself and will maintain and update such information promptly if any of it changes. You agree that if any information you provide is inaccurate, not current, or incomplete, the NMDP may prohibit your access to sections of the Web site requiring registration. The NMDP may also reject your application to become a member of the Registry.
  2. You are responsible for keeping your password confidential and agree not to allow anyone else to use your user name or password to access this Web site. You are fully responsible for all activities that occur under your user name and password. You agree to immediately notify the NMDP of any unauthorized use of your password or user name, or any other breach of security of which you become aware.
  3. You may not register with a user name or e-mail address that is already being used by someone else or that belongs to another person, unless you have his or her consent. The NMDP may refuse to accept a user name for registration if someone else has already registered with that user name or for any other reason at its own discretion.
  4. You agree that the NMDP may access, preserve, and disclose your registration information if required to do so by law or in the good faith belief that it is necessary to:
    • Respond to your requests for customer service;
    • Comply with legal process;
    • Enforce these Terms of Use;
    • Respond to claims that information you have provided violates the rights of others;  or
    • Protect the rights, property, or personal safety of the NMDP, its users, and the public.
  5. You agree that the NMDP may stop accepting your password and user name and cancel your application to become a member of the Registry without prior notice if the NMDP believes you have violated these Terms of Use or for any other reason. You agree that the NMDP is not liable to you or any third party for denying you access to any portion of the Web site.

Registration Fees

Individuals who use the NMDP Web site to join the Registry may be required to pay a set fee to help cover the costs of donor registration ("Internet Registration Fee"). Registration fees charged by the NMDP vary depending upon a number of factors, including, but not limited to, how an individual joins the Registry. By choosing to use the NMDP Web site to join the Registry you agree to pay the Internet Registration Fee, if charged, despite the fact that less expensive registration fees may or may not be otherwise available to you if you were to join the Registry in another way. The NMDP reserves the right, at its sole discretion, to charge a registration fee (including, but not limited to, an Internet Registration Fee) to individuals who choose to join the Registry, or to otherwise change such fee, without notice.

Rules of Conduct

While using the Web site, you agree to comply with all applicable laws, rules, and regulations. In addition, the NMDP expects the users of the Web site to respect the rights and dignity of others.  Therefore, when using this Web site, 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 the Web site.
  3. Interfere with the functioning of the Web site or with other people's use of the Web site 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 Web site, its servers, or networks.
    • Hacking, defacing, or modifying any portion of the Web site.
  4. Copy, republish, sell, or use for commercial purposes any portion of the Web site unless you have prior written permission from the NMDP. This includes framing or mirroring any part of the Web site, systematically downloading and storing any content, putting the content in a database, or republishing it.

Links to Other Sites

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

The NMDP cannot guarantee that linked, external Web sites comply with Section 508 (Accessibility Requirements) of the Rehabilitation Act. While occasionally the 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 Web site for informational purposes.

Ownership of Web Site Content

Unless otherwise indicated, copyright in all material on the Web site is owned by the National Marrow Donor Program. 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 the National Marrow Donor Program. For information about getting permission to use copyrighted materials and trademarks owned by the National Marrow Donor Program, see Copyright and Trademark Information.

LifeJourneys Transplant Community and Donor Garden Postings

When you use this Web site to create, add, and maintain the content of an Honoree page in the LifeJourneys Transplant Community or add a posting to the Donor Garden, you are considered a "contributor". As a contributor, you are solely responsible for all information and materials, including data and images ("Content") you post, upload, transmit, or make available to others using this Web site. Under no circumstances will the NMDP be liable in any way for any Content posted on or made available through this Web site by you, any other contributor, or by any third party.

This Web site, including all of the LifeJourneys Transplant Community pages and all of the Content on this Web site (other than the Content posted by contributors to LifeJourneys Transplant Community pages and the Donor Garden) is owned by the NMDP. You acknowledge that no right, title, or interest in this Web site, your Honoree page, or any Content on this Web site (other than the Content you post as a contributor) is transferred to you under these Terms of Use. For an Honoree only, you must be at least 18 years of age to act as a contributor. As a contributor, you acknowledge that you are at least 18 years old and agree that you have and will continue to provide accurate, current, and complete information about yourself and the Honoree.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE 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. THE NMDP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OR CODE UNDERLYING THE WEB SITE WILL BE CORRECTED.
  3. ANY MATERIAL SUBMITTED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE 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 WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE 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 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 WEB SITE; (iii) UNAUTHORIZED ACCESS TO, DISCLOSURE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO YOUR USE OF THE WEB SITE.

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 the 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 Web site, including your application to become a member of the Registry. 

Governing Law and Jurisdiction

This Web site 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 the 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 Web site. 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 Web Site

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

Waiver and Severability

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

Changes to Terms of Use

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