Terms Of Service

Manhattan Cryobank, Inc. Terms of Use

THE FOLLOWING TERMS APPLY TO YOUR USE OF THIS WEBSITE AND THE INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGHOUT IT. YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT WITH THESE TERMS.

1. Proprietary Rights.

As between you and Manhattan Cryobank, Inc (“MCB”), MCB owns all rights, title and interest in and to this Web Site, all downloadable information and reports, all the code, data and materials therein, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site. All downloaded reports remain the property of MCB.

2. Limited License.

You may access and view the content on the Web Site on your computer or other device and, unless otherwise indicated in these Terms or on the Web Site, you may make single copies or prints of the content of the Web Site and downloaded information and reports for your personal use only.

3. Prohibited Use.

Commercial or promotional distribution, publishing or exploitation of the Web Site, or any information, reports, content, code, data or materials on the Web Site or downloaded from the Website, is prohibited. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

4. Trademarks.

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Site or on content available through the Web Site belong to MCB and may not be used without MCB’s prior written consent. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site's services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or the permission of the third party that may own the applicable Trademark.

5. User Information.

In the course of your use of the Web Site and/or the services, if any, made available on or through the Web Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Web Site's Privacy Policy which is incorporated herein by reference. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

6. Prohibited User Conduct.

Any attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site's services, or any content thereof, or make any unauthorized use thereof is prohibited. Use of the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site or any of its services is prohibited.

7. Indemnification.

You agree to defend, indemnify and hold MCB and its affiliates' directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your misuse of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms and Conditions. MCB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MCB’s defense of such claim.

8. Downloads and Orders.

Only individuals who are 18 and older may download reports or purchase services and products from MCB, To purchase products or services, you will be required to sign and return one or more additional agreements with MCB that contain additional terms and conditions including warranty disclaimers. You agree to pay in full the prices and taxes for all purchases.

9. Third Party Web Sites.

You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site ("Linked Sites"). We have no responsibility for the information, content, products, services, advertising, code or other materials that may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. We disclaim any liability for links (1) from another web site to this Web Site and (2) to another web site from this Web Site. We cannot guarantee the standards of any web site to which links are provided on this Web Site nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

10. WARRANTIES.

THE WEB SITE, AND ALL SERVICES, PRODUCTS, DOWNLOADS, CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MCB SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

We try to ensure that the information posted on the Web Site is correct and up-todate. We reserve the right to change or make corrections to any of the information provided on the Web Site at any time and without any prior warning. MCB neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Web Site, nor for any offensive, defamatory, obscene, indecent, unlawful or infringing posting made thereon by anyone other than authorized MCB employee spokespersons while acting in their official capacities (including, without limitation, other users of the web site). It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Web Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.

EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN AGREEMENT SIGNED BY MCB AND YOU, MCB MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES AND PRODUCTS PURCHASED BY YOU.

11. Limitation of Liability.

In no event shall MCB or any of its directors, officers, employees, agents or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, MCB’s services or products, the use of, or the inability to use, the Web Site or the content, materials and functions related thereto, your provision of information via the Web Site. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the total aggregate liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the Web Site exceed, in the aggregate, the amount, if any, paid by you to MCB for your use of the Web Site or purchase of products or services via the Web Site.

12. Applicable Laws.

We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent that local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

13. Changes.

MCB reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Web Site and these Terms, in whole or in part, at any time. Changes will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes are posted will be considered acceptance of those changes.

14. Miscellaneous.

The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of New York and the United States of America, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in New York, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.