THE BLOOD CONNECTION INCORPORATED
Last modified: August 31, 2015
These Websites are offered and available to users who are 16 years of age (with parental consent) or 17 or older, and reside in the United States or any of its territories or possessions. By using these Websites, you represent and warrant that you are of legal age to form a binding contract with TBC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.
Accessing the Websites and Account Security
We reserve the right to withdraw or amend these Websites, and any service or material we provide on the Websites, including the TBC Rewards Program in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites or services may be unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites or the entire Websites to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Websites.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Websites or portions of them using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Blood Connection, Incorporated name and all related names, logos, product and service names, designs and slogans are trademarks of TBC. You must not use such marks without the prior written permission of TBC. All other names, logos, product and service names, designs and slogans on these Websites are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- To impersonate or attempt to impersonate TBC, a TBC employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites or which, as determined by us, may harm TBC or users of the Websites or expose them to liability.
Additionally, you agree not to:
- Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites including their ability to engage in real time activities through the Websites;
- Use any robot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
- Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Websites;
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server(s) on which the Websites are stored, or any server, computer or database connected to the Websites;
- Attack the Websites via a denial-of-service attack, a distributed denial-of-service attack, or other unlawful attack;
- Otherwise attempt to interfere with the proper working of the Websites.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites;
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites. YOU WAIVE AND HOLD HARMLESS TBC AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review material before it is posted by others on the Websites and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote or assist any unlawful act;
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement and Copyright Policy
If you believe that any User Contributions violate your copyright, please comply with the following Copyright Policy.
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the written notice is accurate;
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
TBC COPYRIGHT AGENT
1099 BRACKEN ROAD PIEDMONT, SC 29673
864 – 751 – 1154
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) consistent with the foregoing procedure.
It is the policy of TBC to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites or by anyone who may be informed of any of its contents.
The Websites may include content provided by third parties, including materials provided by other users, and third-party licensors and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by TBC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TBC. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on these Websites from time to time, but the content may not be complete or up-to-date. While we endeavor to keep the content current, we disclaim any obligation to continuously update such material.
Information About You and Your Visits to the Website
All transactions, including reward transactions and scheduling or profile data transmission to us and our representative companies (text messaging, e-marketing, fulfillment, and printing third-party vendors) will be transmitted using at least SSL (Secure Sockets Layer) security technology for establishing an encrypted link.
Online Rewards and Other Terms and Conditions
- TBC shall not be liable to you or any party for any modification, suspension or discontinuance of the TBC Rewards Program or service except to provide a reasonably equivalent reward for any reward a donor has earned but not received.
- You understand and agree that TBC has no liability for the loss of any Tango reward product after receipt by you, or information, if any, that you may choose to store in a Tango Card account in your computer or mobile device.
- You agree that TBC shall have no liability in connection with the termination of your reward account that may be made by TBC or TBC Rewards Program service providers. TBC is not and shall not be in any manner responsible for any actions, policies or practices of the reward fulfillment provider and merchants. Your sole recourse and remedy if your right to use a site involved in the TBC Rewards Program is terminated, is to receive the equivalent reward(s) which you properly earned prior to termination, but did not receive.
- Reward certificates have no cash value.
- Reward certificates may be redeemed only by the donor who earned the reward, and will be issued in that donor’s name.
- Reward certificates are non-transferrable.
- After one (1) year from the date earned, your points for which you claimed no reward are deemed void and may be used by TBC to improve our services to donors, hospital partners, and the community we serve.
- Reward certificates may not be copied or duplicated.
Linking to the Websites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
These Websites may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on these Websites.
- Send e-mails or other communications with certain content, or links to certain content, on these Websites.
You may use these features solely as they are provided by us and solely with respect to the content as there displayed. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you;
- Cause the Websites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking on any other site;
- Link to any part of the Websites other than the homepage;
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Websites linked to these Websites you do so entirely at your own risk and subject to the terms and conditions of use for such Websites.
The owner of the Websites is based in the state of South Carolina in the United States. We provide these Websites for use only by persons located in the United States. These Websites are not intended for use in California. We make no claims that the Websites or any of their content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITES LINKED TO THEM.
YOUR USE OF THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TBC NOR ANY PERSON ASSOCIATED WITH TBC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER TBC NOR ANYONE ASSOCIATED WITH TBC REPRESENTS OR WARRANTS THAT THE WEBSITES CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE LIMITED EXCLUSIVE WARRANTY APPLICABLE TO ANY REWARDS PROVIDED BY OR ON BEHALF OF TBC SHALL BE THE REMEDY AVAILABLE UNDER THE REDEMPTION VENDOR OR MANUFACTURER’S WARRANTY, IF ANY. TBC DOES NOT WARRANT REWARDS.
TBC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL TBC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITES, ANY LINKED WEBSITES, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
These Websites are hosted by Drum Creative and operated by the TBC Marketing Department and Clearbuilt Technologies.
Except for reporting claims of copyright infringement as referenced above, all other feedback, comments, requests for technical support and other communications relating to the websites should be directed to:
Thank you for visiting the Websites and for your support of The Blood Connection, Incorporated community and those we serve together.