Dated: December 12-20-18;
Late edited 01.17.19
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.
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.
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.
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.
- Email: firstname.lastname@example.org
- Toll-Free Phone Number: 1-866-NY-DONOR
- Mail: Donate Life New York State, 185 Jordan Road, Troy, NY 12180