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Terms of use

Terms of use

Welcome to the California Cryobank Sperm Donor Portal (the “Portal”) which is provided by California Cryobank LLC (“ CCB ” or “ We” “UsUs” “Our”) so that users (“Sperm Donor” “You” or “User”) can use the Portal to submit requested information to CCB, schedule appointments, and provide health updates, among other things. These Terms of Use contain the terms, covenants, conditions, and provisions upon which You may access and use this Portal and any and all information, systems and materials found on this Portal. These Terms of Use are effective as of ________, 2024 and may be modified from time to time for any reason by CCB.

By accessing, viewing, or using this Portal, You, the User, indicate that You understand and intend these Terms of Use to be the equivalent of a legally binding contract between You and CCB, and that you agree to such Terms of Use. CCB reserves the right to discontinue or suspend a User’s use of the Portal if User violates any provision of these Terms of Use.

Purpose and use of the portal

CCB is engaged in the business of operating a sperm bank and providing sperm to intended parents. Access to the Portal is available to and used by prospective and selected Sperm Donors. Sperm Donors will be given access by CCB to complete applications and other forms and to schedule appointments, among other things.
CCB will use the information provided by prospective Sperm Donors to help determine whether such prospective Sperm Donor will qualify as a Sperm Donor. Some of Sperm Donor’s information will then be available for review on CCB’s online catalog at www.cryobank.com by interested potential parents, as further set forth in the consents and/or other documents signed by Donor.

Acknowledgements, rights and restrictions:

By accessing or using the Portal, the User acknowledges and agrees to the following:

  1. Users may use the Portal but only upon being provided access to the Portal by CCB and only in connection with the purpose stated herein and never for any other purpose, including but not limited to any unlawful or fraudulent purpose. Users may not sell, transfer, license or assign their accounts and Users are responsible for keeping access credentials secret and secure.
  2. You, the User, are provided with a personal, revocable, nonexclusive, nontransferable license to use this Portal conditioned on your continued compliance with the Terms of Use of this Portal. 
  3. User will not misuse the Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious, technologically harmful or designed to disrupt the current operation of the Portal. User will not attempt to gain unauthorized access to the Portal, the server on which the Portal is stored, or any server, computer or database connected to the Portal.
  4. CCB owns or licenses all intellectual property contained as part of the Portal and reserves all rights to such intellectual property contained as part of the Portal, including but not limited to trademarks, texts, designs, software, graphics and any other content. User will not share or attempt to share this Portal with another party or use this Portal with an attempt to reverse-engineer, reproduce, duplicate, copy, decompile, disassemble, modify, or create derivative works thereof, whether or not any of the preceding actions are taken to directly or indirectly compete against or replace CCB Services. User will not circumvent any technology used to protect data on the Portal. User will not use any automated means (including but not limited to bots, scrapers and spiders) to view, access or collect information or content off the Portal.
  5. CCB is not a medical facility or health care provider. The Portal does not provide medical, healthcare or other advice, opinions or representations.
  6. Communications may be sent to Users via email directly from a secure server. This type of communication from the Portal may be used to request additional information or actions or to provide other types of notices.
  7. CCB does not use information provided by a User for any other reason than the purpose for which the information was submitted or as expressly described herein. Third parties, such as developers or website experts, may have limited access to the Portal and certain content for the purposes of developing, improving, updating, repairing, troubleshooting, supporting or securing the Portal.
  8. The information provided on the Portal whether in an application or otherwise is owned by CCB exclusively. CCB may have the ability to print an application or other document and/or download information, thereby taking the information off the secure server. CCB retains information and records necessary for its operations.
  9. CCB cannot guarantee that all information will remain confidential since all technology is subject to hacking attempts, personnel misuse and other events outside of CCB’s control, and User is accessing the Portal through a network that CCB cannot control. CCB has however implemented reasonable technical, administrative and physical measures to safeguard the information in compliance with industry standards and applicable federal, state and local laws, regulations, rules and orders. Users may learn more by reviewing CCB’s Privacy Policy spermbank.com/privacy-policy
  10. User fully and forever waives all claims against CCB, its successors and assigns, its affiliated companies, parent companies, subsidiaries, and their respective officers, directors, employees and agents to the extent allowed under law, now or hereinafter discovered or accruing relating to these Terms of Use, and use of the Portal, on behalf of themselves, their heirs and assigns. OTHER THAN AS EXPRESSLY STATED IN WRITING, CCB MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PORTAL, OR THE INFORMATION, CONTENT, OR SOFTWARE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO CENTER AND OTHER USERS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND UNLESS OTHERWISE STATED IN WRITING, CCB WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PORTAL OR ITS SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, AND PUNITIVE DAMAGES, OR LOSS OF BUSINESS, REVENUE, GOODWILL, OR PROFITS.
  11. User agrees that any dispute relating to the Terms of Use, the Portal or the CCB services, whether under federal or state law, will be settled by private binding arbitration in New York, New York. Any dispute brought by User pursuant to this binding arbitration clause must be brought only in their individual capacity and not as a class, collective or representative action ("Class Action"). The User hereby waives their right to bring a Class Action and any arbitrator selected hereunder does not have the authority to conduct class or collective arbitration. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. If the parties cannot agree on an arbitrator, the arbitrator will be appointed by the American Arbitration Association. The arbitrator will provide the Parties with a written decision and findings of fact regarding the resolution of any and all disputes and/or claims arising out of the Terms of Use, the Portal or CCB services. Costs of arbitration, including reasonable attorneys' fees incurred in arbitration, as determined by the arbitrator, together with any reasonable attorneys' fees incurred by the prevailing party in court enforcement of the arbitration award must be paid to the prevailing party as designated by the arbitrator. Judgment on the award may be entered in any court having jurisdiction thereof. The User agrees that they have waived their right to a trial by court or jury, whether as individuals or as part of a Class Action, to resolve any dispute or claim arising out of the Terms of Use, the Portal or services. The law of the state of New York shall govern these Terms of Use and the Portal.
  12. CCB makes reasonable efforts to ensure the integrity of the system and its intended processes based on professional industry standards. In the event technical issues arise, CCB will make reasonable efforts to rectify the issues but does not guarantee access to the Portal.
  13. CCB makes no representations or guarantees that You will be selected as a Sperm Donor. Application to become a Sperm Donor is not a guarantee of acceptance into the CCB Sperm Donor program.
  14. CCB may provide links, in its sole discretion, to other sites on the Internet for the convenience of its Users in locating related information. These sites have not necessarily been reviewed by CCB and are maintained by third parties over which CCB exercises no control. Accordingly, CCB expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.