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Dated: December 12-20-18;
Late edited 01.17.19

1. Introduction

The goal of the partnership between the New York State Donate Life Registry (Registry) and the Partner organization (“Partner”) is to educate the public about organ, eye and tissue donation and to increase the number of individuals consenting to donation by registering in the Registry. The Registry connection that will be made available for partner use contains general information about organ, eye and tissue donation and provides users with the opportunity to register as an organ and/or tissue donor. The health-related information provided on the Registry is general in nature and is not a substitute for professional or expert medical advice or care.

Use of the Registry as well as the partnership with the Registry is governed by this document, known as the Terms and Conditions of Use and Privacy Policy for Partner Organizations and Entities for the New York State Donate Life Registry (the “Terms”).  By obtaining a trackable connection with the Registry, placing the connection on the Partner website and/or allowing Partner website users to electronically connect to the Registry, the Partner accepts the terms set forth in this document.  The Registry may change, add or delete any one or more of these terms by posting such changes on the Registry website.  Any modification will be effective immediately upon posting, and posting is deemed to be notice of any such modification. By accessing and browsing this Site, the Partner agrees that the Partner has read and understands the Terms and agrees to be bound by them.

2. Data to be Exchanged

No personal information entered into an enrollment form embedded in a Partner’s website by individuals during the Registry enrollment process will be collected or retained by the partner site.

Data provided by the Registry to partners will be limited to the number of persons successfully enrolled in the Registry via a partner’s website. Reports of such data is public information.

3. Partnership

The Registry is the custodian of the invaluable intentions of millions of people consenting to donate their organ(s), eyes and tissues. The Registry is committed to ensuring that the Registry is trusted and protected from impugn. Any Partner that the Registry engages with must rise to that same level of integrity.

As a result, of this commitment, no partnership shall exist, or continue to exist between the Registry and the Partner upon discovery, of behavior and/or activities that are deemed inconsistent with the laws of the state of NY, contradictory to the public health or do not align with goals of organ and tissue donation in New York State. Privacy Policy

The Registry’s Privacy Policy and a description of the type of information that is collected through the Registry and how this information is collected and used can be found at: https://donatelife.ny.gov/legal/.

4. Publication

The Partner agrees that publication of partnership related information and/or data is limited to the number of completed Registry enrollments initiated from a Registry enrollment form embedded on the partners website and must be a true representation of the Registry: Partner partnership. The Registry reserves the right to make this information public. Any research publication shall include the following disclaimer: “Disclaimer: The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the official policy or position of the New York State Department of Health or Donate Life New York State.”

5. Security

The Registry adheres to stringent security standards designed to protect personal information on the Registry against accidental or unauthorized access or disclosure.  The Registry is compliant with the NYS IT security policies, found at https://its.ny.gov/eiso/policies/security. Among the safeguards that we have developed for our Registry are administrative, physical and technical barriers that together protect the information stored at these Registry.

6. Reservation of Rights, Disclaimer of Warranties and Limitation of Liability

The content provided on the Registry website is provided as a service to members of the public. The Partner acknowledges that the use of the Registry and any and all information contained therein is at the Partner sole risk and that the Partner assume full responsibility for all risk associated with the connection to the Registry. The Registry is provided on an “as is” and “as available” basis, without any warranty of any kind, express or implied to the fullest extent permissible under applicable law and that the Registry hereby disclaims all other warranties, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, fitness for any particular purpose, title, non-infringement and freedom from computer viruses and malware. The warranties contained in this provision are subject to all other limitations and disclaimers, including warranty, damages and liability.

By accessing or using the Registry, the Partner represent and warrant that the Partner activities are lawful in every jurisdiction where the Partner access or use the Registry.  The Partner agrees to defend, indemnify and hold harmless the Registry, its officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with the Partner’s access to or use of these Registry, in reference to any claim however caused and on any theory of legal liability, whether in contract, strict liability, or tort, including negligence.

The Registry makes no warranty that: (i) the Registry will meet the Partner requirements or intended uses, (ii) the Registry will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Registry will be accurate, complete, or reliable, or (iv) the quality of any information obtained by the Partner through the Registry will meet the Partner expectations or intended uses.  The Partner agrees and understand that the Department may take the Registry site down from time to time as needed, possibly without advance notice. Human or mechanical error, disruptions in service, or failure of communications networks, mechanical or electronic equipment could cause the Partner to receive inaccurate data, as described above, from the Registry. As such, the Registry does not assume legal liability or responsibility for the accuracy, timeliness, completeness, or quality of the data provided to the Partner, as described above, and makes no warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, nor represents that use of the data would not infringe privately owned rights.

The Registry also does not vouch for the continued accuracy or currency of data after the Registry provides the data to the Partner, nor the quality or accuracy of any analyses or re-uses of that data.  

The Registry reserves the right, at any time and from time to time, to temporarily or permanently modify, suspend or discontinue the Registry or otherwise change, modify, add to, any aspect of the Registry, including the availability of any feature, database, or content — with or without notice to the Partner.  The Registry may also impose limits on certain features and services or restrict the Partner access to part or all of the Registry without notice to the Partner, at any time. The Partner agree that the Registry shall not be liable to the Partner or to any third party for any such change, modification, addition, suspension, discontinuance, limitation, or restriction.  If the Partner access is terminated, all licenses and other rights granted to the Partner in these Terms of Use will immediately cease. The Registry reserves the right to refuse access to the Registry to anyone for any reason at any time.

Concerning the use (or inability to use) the Registry link or embedded form, the Registry is not responsible for direct, indirect, incidental, special, exemplary, or consequential damages to the Partner or any third party including, under any other cause of action associated to the activities and interactions limited to this partnership. This limitation is in addition to and not in lieu of any constitutional, statutory, or sovereign immunity defense that may be available to the Registry or its agents or employees.

In consideration of the Partner being permitted to use the Registry link or embedded form, the Partner, on the Partner own behalf and on behalf of the Partner spouse, heirs, trustees, legal representatives, executors, and assigns, hereby agree to defend, indemnify and hold harmless the Registry, its officers, directors, employees and agents, from any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with the Partner access to or use of the Registry link or embedded form, in reference to any claim however caused and on any theory of legal liability, whether in contract, strict liability, or tort, including negligence, injury, death, damage, cost, expense, and other loss suffered or incurred by the Partner as a direct or indirect result of the Partner use of the Registry and any information that is, directly or indirectly, available from or through the Registry at any time.

7. Entire Agreement, Failure to Exercise, Severability, and Jurisdiction

The Terms constitute the entire agreement between the Partner and the Registry with respect to the Partner use of the Registry.  These Terms supersede any previous written or oral agreements concerning the Registry.

No failure by the Registry to exercise or enforce any power, right, privilege, provision, or remedy under these Terms shall operate as a waiver of such right, privilege, provision, or remedy.

If any part of the Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intention as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.

The Terms shall be governed by and interpreted under the laws of the State of New York without regard to conflict of laws provisions.  Disputes arising out of these Terms of Use are subject to the exclusive venue of, and the exclusive jurisdiction of, state and federal courts located in Albany County, New York.

Questions:  If the Partner have questions about this Terms and Conditions of Use and Privacy Policy, or other questions about the Registry, please contact Donate Life New York State by:

• Email: registry@donatelife.ny.gov
• Toll-Free Phone Number: 1-866-NY-DONOR
• Mail: Donate Life New York State, 185 Jordan Road, Troy, NY 12180