Welcome, and thank you for using AlloCAT.com! Whether you are accessing our website or using our Services as an Administrator or an Authorized User, you are agreeing to our terms and you are entering into a legally binding agreement with Allograft Online, LLC, a California limited liability company (referred to as "us", "we", or "AlloCAT" in this Agreement).
1. Introduction
Our mission is to consolidate allograft product information from all AATB-certified tissue banks into a single, centralized, easy-to-search catalog benefitting both tissue banks and clinicians.
AlloCAT is designed to give clinicians the ability to conduct a comprehensive search of up to 20 tissue bank catalogues for any desired allograft. All allografts matching the requested item are displayed by AlloCAT, along with product details, information on the tissue banks and the applicable cost. AlloCAT allows clinicians to select the ideal allograft at a competitive price, while allowing tissue banks to increase sales opportunities and reduce marketing costs.
Although we may provide information, including pricing, about allografts listed on AlloCAT, the actual contract of sale is directly between the tissue bank and the clinician.
You agree that by clicking "Sign Up" or "Join Now" or similar, accessing, registering, or using our services (including any content or information provided as part of these services, collectively referred to herein as the "Services"), you are entering into a legally binding agreement. This "Agreement" includes this User Agreement and our Privacy Policy, as each may be amended from time to time. If you do not agree to this Agreement, do NOT click "Sign Up", "Join Now" or similar and do not access or otherwise use any of our Services.
2. Obligations
To use the Services, you must be (a) either an Administrator or an Authorized User of a Subscriber; (b) eighteen (18) years or older; and (d) located in the United States.
For purposes of this Agreement, “Administrator” means an individual who is authorized to legally bind the Subscriber and has been authorized by such Subscriber to (i) complete the purchase or sale of items sold through our Services on behalf of such Subscriber; (ii) authorize charges to the credit card associated with a Subscriber’s account; and (iii) create accounts for, and add, delete or modify information about Authorized Users associated with such Subscriber. “Authorized User” means an individual who is an owner or employee of a Subscriber and has been assigned a unique login authorized by an Administrator to access our Services, and, if a purchaser, post requests for items made available for purchase through our Services, submit purchase orders to sellers, and if a seller, post items for sale through our Services, and otherwise communicate with other Authorized Users. “Subscriber” means an individual or entity that owns and operates a tissue bank, hospital, clinic or other medical or dental facility that has established an account with us. Each Subscriber shall only have one AlloCAT account, which must be in such Subscriber’s legal name, and one Administrator whose real name must be provided, and who must be authorized to use the credit card associated with such Subscriber’s account. Subscribers may have multiple Authorized Users, each of which shall have unique login credentials and whose real names must be provided to us by the Administrator. Upon submission of your registration request, we will confirm your identity and if your registration is accepted, we will inform you via email.
You are solely responsible for any activity on your account. You agree to provide true, accurate, current and complete information about yourself and your organization as requested by us upon registration and you agree to update such information if it changes. You agree to use a strong, secure password and to keep the password confidential. If you are sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, then you are personally guaranteeing that you have the authority to enter into this Agreement on behalf of such business entity. You also acknowledge that your account is not transferable, and you agree not to violate any applicable law or the terms of this Agreement. You agree that we may access, preserve and disclose your registration information if required to do so by law or if we have a good faith belief that it is necessary to comply with legal proceedings, enforce this Agreement, respond to claims that information provided by you violates the rights of others, respond to your requests for customer service, or protect the rights, property or personal safety of AlloCAT, its users or the public.
You agree to pay us the applicable fees and taxes for the Services. Failure to pay these fees may result in termination of your account. Subscribers that are tissue banks must have a valid credit card on file to use the AlloCAT Services. The credit card will be debited to pay all applicable fees and taxes associated with AlloCAT services after the Tissue Bank accepts a purchase order submitted by a hospital or clinic Subscriber. We may modify prices prospectively in our sole discretion. To the extent allowed by applicable law, these changes may be effective upon notice provided to you.
You are solely responsible for any information or other content that you post using our Services, including but not limited to product numbers, pricing, descriptions, images, and video (“Your Content”). You represent and warrant that Your Content is accurate, current and complete, that you own or otherwise control all necessary rights to Your Content, and that you are not infringing on or violating any third party’s rights by posting it. You agree not to post personally identifiable information of any person that is protected under the Health Insurance Portability and Accountability Act (“HIPAA”) and applicable state law. Content that violates any of our policies may be deleted by us in our sole discretion. By posting Your Content through the Services, you are granting us a non-exclusive, worldwide, royalty-free, perpetual, transferable, irrevocable, and sublicensable right to use, copy, modify, edit, store, reproduce, distribute, publish, process and prepare derivative works of Your Content to provide the Services and to promote AlloCAT or the Services, in any formats and through any channels, without any further consent from, or notice or compensation to you.
You agree that we may provide notices to you through (i) an email sent to the email address linked to your account; or (ii) through other means include telephone or mail. You agree to keep your contact information current.
We reserve all of our intellectual property rights in the Services, including but not limited to copyright and trademark protection of our text, logos, graphics, images and other material (“Materials”). The name, “AlloCAT” and other marks, logos, designs, graphics and phrases that we use in connection with our Services are trademarks, service marks or trade dress of Allograft Online, LLC. Neither our Materials nor our marks may be used without our express prior written consent.
3. Rights and Limits
We may change, suspend or end any Service, or change and modify prices in our sole discretions. We have no obligation to store, maintain or provide you with a copy of any content or information that you or any others provide, except to the extent required by applicable law. You are responsible for developing and maintaining your own records of any transactions conducted through our Services.
We do not warrant that the Services will be available or that our website will operate error free or that the website and its server are free of computer viruses and other harmful goods. If your use of the Services results in a need for servicing or replacement of your equipment or data, we are not responsible for those costs.
You may encounter content or information posted by other users that is inaccurate, incomplete, or delayed. We generally do not review content provided by our registered users. You agree that our Services are provided “as-is” and we are not responsible for content or information posted by third parties or for any damages arising out of your use or reliance on it. We make no representation or warranty about, and you release us from any liability for the accuracy, reliability, completeness or timeliness of our Materials, the information or content posted by others, the results to be obtained from using the Services or third party websites that link from our Services, and any claims, demands, damages or liability arising out of disputes with other users or parties.
You are responsible for deciding if you want to access or use third party websites that link from our Services. Third party websites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other websites and links from our Services are used at your own risk.
The Services may only be used for lawful purposes and in accordance with the terms of this Agreement.
You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) using the Services for unintended purposes or trying to change the behavior of the Services; (iii) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (iv) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to AlloCAT.net. Violations of system or network security may result in civil or criminal liability.
You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to reverse engineer or attempt to obtain the source code of the Services or to navigate or search the Services other than through the search engine and search agents provided by us or generally publicly available browsers.
We reserve the right, in our sole discretion, to limit or terminate your access to the Services or any portion thereof at any time, for any reason or for no reason at all, without prior notice, or any notice.
If you have a dispute with another Subscriber, we encourage you to contact the other party and try to resolve the dispute amicably. We will not attempt to resolve disputes and accept no responsibility for resolving disputes or for managing or enforcing any Subscriber’s policies with respect to returns, cancellations or refunds. Each Subscriber that is a seller is responsible for establishing and communicating its return, cancellation and refund policy to buyers. We are not responsible for resolving any dispute between Subscribers.
4. Disclaimer and Limitation of Liability
To the extent allowed by law, allograft online, llc (i) disclaims all implied warranties and representations, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement; (ii) does not guarantee that the services will function without interruption or errors or be accurate, secure or timely; and (iii) provides the services (including the content and information) on an "as-is" and "as-available" basis.
You understand that we do not manufacture, store or inspect any of the items sold through our Services. We only provide the venue. We do not have any control over the items or services that are paid for through the Services and we cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release us from any claims related to items sold through our Services, including, but not limited to any misrepresentations by sellers or for any injuries or loss that occurs as a result of use of the items purchased through our Services. Some of the Services may not be available to you based on residency, geographic location or other eligibility criteria. Some states do not allow the disclaimer of certain warranties, so the foregoing disclaimers may not apply to you.
To the extent permitted by law, allograft online, llc shall not be liable to you or others for any indirect, incidental, consequential, special or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, arising our of the services or this agreement. In no event shall the liability of allograft online, llc, exceed, in the aggregate for all claims, the greater of one hundred u.s. dollars ($100) or the amount you paid to us in the twelve month period immediately preceding any such claim.
5. Termination
AlloCAT or you may terminate this Agreement at any time by providing notice to the other. On termination, you will lose the right to access or use the Services. Sections of this Agreement relating to fees, content, disclaimer of warranties, limitation of liability, and indemnity shall survive termination.
6. Indemnification
You agree to indemnify, defend and hold us harmless from and against any and all third party claims, liabilities, demands, damages and costs (including but not limited to reasonably attorneys’ fees) arising out of your use of the Services or your breach of this Agreement.
7. Dispute Resolution
You agree that the laws of the State of California, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. In the event of any controversy or dispute between AlloCAT and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. Any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Such claims can only be litigated in the state courts of Marin County, California, and the federal courts of San Francisco, California, and you agree to personal jurisdiction in those courts and waive any objection to such jurisdiction or venue.
8. General Provisions
Allograft Online, LLC is located at 369-B Third Street #361 , San Rafael, CA 94901.
This Agreement, the Privacy Policy and all other rules and policies posted through our Services set forth the complete and exclusive statement of agreement between you and AlloCAT, and supersede any and all prior understandings and agreements, whether written or oral, between us.
This Agreement will be binding upon and inure to the benefit of the parties, and their respective successors and assigns. We may, in our sole discretion, assign this Agreement, and in such event we will post notice through our Services.
If any provision of this Agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this Agreement or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
No agency, partnership, joint venture, employment relationship or franchise relationship is intended or created between you and AlloCAT by this Agreement.
Headings in this Agreement are for reference purposes only and do not in any way limit the scope or extent of such section.
We may amend, modify, add to, or remove terms of this Agreement at any time by posting amended terms through our Services. Your continued access or use of our Services constitutes your acceptance of such amended terms. This Agreement may not otherwise be amended except through mutual agreement in writing by you and a representative of AlloCAT who is authorized to agree to such amendment.
Our failure to enforce any part of this Agreement is not a waiver of our right to later enforce that or any other part of this Agreement.
If you are a California resident, in accordance with California Civil Code section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by contacting them by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
9. How to Contact Us
If you want to send us notices or service of process, please contact us:
By email at: support@allocat.net
By mail at:
369-B Third Street #361
San Rafael, CA 94901
Allograft Online, LLC (referred to herein as "AlloCAT," "we," or "us") is providing this notice (the "Policy") to describe our collection, use, disclosure, retention, and protection of your personal information.
By using our Services and/or registering for an account with us, you are accepting the terms of this Policy and our User Agreement and you are consenting to our collection, use, disclosure, retention, and protection of your personal information as described in this Policy. If you do not provide the information we require, we may not be able to provide all of our Services to you.
Personal Information
"Personal information" is information that can be associated with a specific person and could be used to identify that specific person whether from that data or from that data and other information that we have or are likely to have access to. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise.
Effective Date and Changes to Policy
This Policy is effective as of April 6, 2017, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the Services or we otherwise notify you of the changes. We reserve the right to change this Policy at any time. Changes, modifications, additions, or deletions will be effective immediately upon their posting to the Services. Your continued use of the Services after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy.
Information We May Collect
We collect, process and retain personal information from you and any devices (including mobile devices) you may use when you use our Services, register for an account, provide us with information on a web form, update or add information to your account, or otherwise correspond with use regarding the Services.
We may collect two basic types of information through the Services: "personal information" and "non-personal information."
The personal information we collect includes the following:
If you give us personal information about someone else, you must do so only with their explicit and prior consent. You have to inform them how we collect, use, disclose, and retain their personal information according to this Policy.
Non-personal information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity. This non-personal information may include "click stream data" (server address, domain name).
We may use click stream data for traffic analysis or e-commerce analysis of our website, to determine which features of our Site are most or least effective or useful to you. We may also use cookies, web beacons, unique identifiers and similar technologies to gather information about your visits to our website and enhance your experience. The click stream data may also contain a "Do Not Track" signal or mechanism. The Services does not respond to "Do Not Track" signals or mechanisms.
The Services are controlled and operated by us from inside the United States, and are not intended to subject us or any of our partners to the laws or jurisdiction of any state, country or territory other than that of the United States. By using the Services and submitting any personal information, visitors from outside acknowledge that the Services are subject to United States law and consent to the transfer of personal information to the United States, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.
How We Use Your Information
We will primarily use the personal information you provide and any non-personal information we receive from you to provide and improve our Services, to contact you about your account and our Services, to provide you customer service, and to detect, prevent, mitigate and investigate fraudulent or illegal activities. We may use and retain your personal information as follows:
Provide, improve, and personalize our Services
Contact you about your account and provide you customer service
Prevent, detect, mitigate, and investigate fraudulent or illegal activities
We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted or required by applicable national laws. After it is no longer necessary for us to retain your personal information, we dispose of it in a secure manner according to our data retention and deletion policies.
Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose your personal information to others as we believe is appropriate (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests; (d) to enforce our User Agreement; (e) to protect our operations or those of our partners; (f) to protect the rights, privacy, safety or property of AlloCAT, our partners, you or others; and (g) to permit us to pursue available remedies or limit the damages we may sustain.
Protection of Your Information
We use reasonable organizational, technical and administrative measures to protect personal information under our control. Security measures and tools, such as firewalls, are in place to help protect against loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. By using the Services, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the Services and that any personal information, non-personal information, or other data or information received from you through the Services is provided to us at your own risk, which you expressly assume.
How You Should Use Information You Obtain Through the Services
You may use the personal information that you have access to only for AlloCAT transaction-related purposes, and for purposes expressly consented by the user to whom the information relates. Using personal information of other users that you have access to for any other purpose constitutes a violation of our User Agreement.
We do not tolerate abuse of our Services. You do not have permission to add other users to your mailing list (email or postal), call, or send them text messages for commercial purposes, even if this user purchased something from you, unless the user has given such user’s explicit consent. Sending unwanted or threatening email and text messages is against our User Agreement.
Notice Concerning Children
Our website is a general audience website. We do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user is under age 13, we will promptly delete any personal information in that user’s account.
Disclosing Information to Third Parties
When transacting with another user, the other user may request and we may provide such user with information about you necessary to complete the transaction, such as your name, account ID, email address, contact details, shipping and billing address, or other information from you needed to promote the reliability and security of the transaction. If a transaction is held, fails, or is later invalidated, we may also provide the other user with details of the unsuccessful transaction. The other user receiving your information is not allowed to use this information for purposes unrelated to the transaction, such as to contact you for marketing purposes, unless you have expressly consented to it.
We do not sell, trade or otherwise transfer your personal information to third parties without informing you in advance. We provide some of our services through contractual arrangements with affiliates, service providers, partners and other third parties (collectively, "service partners"). Our service partners may use your personal information to operate our website and to deliver their services (such as to facilitate the processing of payment cards when you pay within our Services with a credit card). These service partners will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service partners and is not subject to our control.
Disclaimers
All the information on the Services is published in good faith and for general information purpose only. We do not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information found through our Services is strictly at your own risk and we will not be liable for any losses and damages in connection with the use of our Services.
Through our Services you can visit other websites by following hyperlinks to these sites. While we strive to provide only links to useful and ethical websites, we have no control over the content and nature of these sites and the links to other websites do not imply a recommendation for all the content found on these sites.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. This Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond our control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This Policy only applies to information collected through the Services. This Policy does not apply to any information we may collect from you in any place other than the Services.
Questions or Comments
If you have any questions or comments relating to our Services or this Policy, send an email to support@allocat.net.