Sperm Donor Information for Donor 93022 (2023)

Agreement Regarding Use of Site and Information

Efficient3^roadApril 2017
important! These terms and conditions are a binding legal agreement (this "Agreement"). Please read these terms and conditions carefully before using this website.

1. protocol;Additional Terms; Privacy

This Agreement governs your use of www.xytex.com and any other website or site provided by Xytex and its subsidiaries and affiliates that is linked to this Agreement (including all related content, communications, tools, features, functions and services ,"website"). This Agreement is entered into between Xytex, its subsidiaries and affiliates (hereinafter referred to as "Xytex", "we", "our" or "our") and you, either on your own behalf, individually or by an organization representing you organization (in each case, "you"). If you access this website as an employee, owner, or representative of an entity, you represent and warrant that you have the authority to bind that entity to the terms of this agreement. You accept this agreement and/or use, view, transmit, cache, store and/or otherwise use this website, this website or the services or functions provided by this website and/or the content of this website in any way. For clarity, in making such access and use, you agree to all of the following terms and conditions and waive any ambiguity or error in this agreement. If you disagree with any part of this agreement, please stop using this website immediately. We reserve the right, in our sole discretion, to change, modify, add or delete portions of this agreement at any time without notice, and unless otherwise stated, such changes will be effective immediately upon posting of an updated version of this agreement online. Therefore please check this Agreement periodically for changes. Your continued use of the Site after changes to this Agreement have been posted constitutes your acceptance of those changes. Print and retain a copy of this Agreement, as it may change from time to time, for your records.

Certain products and services we offer are governed by this Agreement and additional terms specific to that product or service (“Additional Terms”). The terms of this Agreement and any applicable Additional Terms are collectively referred to as the "Terms of Service". In the event of any conflict between this Agreement and Additional Terms, such Additional Terms shall take precedence over your use of the products or services to which they apply.

In addition to this Agreement, please read our Privacy Policy before submitting any personal information to us. The Privacy Policy is hereby incorporated into and made a part of this Agreement.

1. User Eligibility; Your User Account

This site is intended for use only by persons and entities that may enter into legally binding contracts under applicable law. Without limiting the foregoing, this site and the services offered on this site are not intended for use by minors under the age of 18 or by minors under the age of 18 if they are over the age of 18. If you are unable to enter into a legally binding contract due to age or otherwise, please leave this site and do not use this site.

With respect to your use of this website, you represent, warrant and undertake that:

1. If you are accessing this website as an employee, owner, or agent of another person or entity, you agree to be bound by the Terms of Service jointly and separately, on behalf of yourself and that person or entity.

1. You are at least 18 years of age, or, if you are 18 years of age, the age of majority in your jurisdiction, capable of entering into contracts and possessing the capacity and authority necessary to enter into and perform your obligations under the Terms of Service (including on behalf of such individual or entity, if applicable); and you are not prohibited under the laws of the United States or any other applicable jurisdiction from using the Site and receiving products and services from us.

1. You will comply with all applicable laws, rules and regulations of all applicable jurisdictions with respect to your use of this website and our products and services.

1. This site and the materials found on or through this site are provided for informational purposes only, but we do not provide health, medical, genetic, legal or other professional advice or services for the purpose of providing such materials. The information contained on or through the website is based on sources believed to be accurate and reliable. However, we do not represent or warrant their accuracy, suitability, completeness or fitness for a particular purpose. You should consult your own professional advisors, including a physician or other healthcare professional for health, medical or genetic advice, and an attorney or other appropriate professional with respect to the terms and conditions of this Agreement and/or to comply with any legal requirements .

1. In order to access certain features of the Site, you may be required or permitted to register by providing certain personal and contact information. If you are a registered user, you are solely responsible for maintaining the confidentiality of your account information, including your password, and are responsible for all activities that occur under or through your account. You agree to (a) immediately notify us of any unauthorized use of your account or password or any other breach of security, and (b) ensure that you log out or log out of your account at the end of each session. You are responsible for controlling access to and use of your account and for notifying us if you wish to cancel your account. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to refuse and terminate accounts in our sole discretion.

3. Restrictions on use

You acknowledge and agree that the features, tools, functions, applications, materials, data and other information, content (including their selection and arrangement), services and software (including all text, logos, photographs, graphics, images, video, audio, artwork, software, html, source and object code, algorithms, business logic, modules, programs, links and other materials), product names, logos, designs, service marks, trademarks, trade dress, titles and certain words or phrases, As the case may be, each content displayed, transmitted or accessed or used on, within or in connection with this website (all of which are collectively referred to as "Service Content") is protected by copyright, trademark or other Proprietary rights protect the intellectual property rights of Xytex or its suppliers, licensors, suppliers or other assigns which may or may not be registered in certain jurisdictions. You acknowledge and agree that Xytex and its licensors, suppliers or other assigns reserve and retain for themselves and such third parties all intellectual property rights and other proprietary rights of any kind with respect to the content of the Site, and the Services, and you will not Receive any benefit from the use of the Site or Service Content. You also agree to abide by any other copyright notices, information or restrictions contained in any Service Content made available on or accessed through the Services.

The content or materials from the Services of any other Internet site owned, operated, licensed or controlled by us may not be reproduced, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our prior written permission. For the purposes of this agreement, use of any such materials on any other network, internet, intranet, extranet or other location or computer environment is prohibited. You may not frame or use framing techniques to enclose any of our trademarks, logos or other proprietary information (including images, text, page layout or forms) without our express prior written consent. You may not use any meta tags or any other hidden text of our name, trademarks or other proprietary information without our express prior written consent.

Unless otherwise indicated, all names, logos, trademarks, service marks, trade dress and trade names on this website are the property of Xytex. We consider our trademarks to be valuable assets and take their infringement seriously. The following is a list of trademarks owned by Xytex used on this website:

Xytex、Patriach、Super Sperm、PhotoFile、BabyFile、AudioFile、VideoFile、XTS、xyGene、xyConnects 和 Ovations。

If you are permitted to download software from this website, the software, including any files, images embedded in or generated by the software, and data accompanying the software (collectively, the "Software"), we hereby grant you a limited, revocable license, without right to sublicense, use the software to the limited extent necessary to use the site and our services. We do not transfer title to the Software to you. You own the media on which the Software is recorded, but we (or a third-party licensor) retain full title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

You will not: (a) engage in email address or other personal information harvesting, spamming, phone or mailing, spoofing, spamming, spamming, spidering, "screen scraping," "database scraping," or any other activity, The purpose is to obtain lists of users or other non-public information who pass through the Site or attempt to gain unauthorized access to any portion of the Site or any other computer system, network or platform connected to the Site. You agree not to use this website in any manner that could damage, disable, overload or impair this website or interfere with any other party's use and enjoyment of this website. You may not obtain or attempt to obtain any material or information through any means not intentionally offered or made available by this website.

1. application

We are happy to hear from our users and welcome your comments about this website and the products and services related to this website. Unfortunately, however, our long-standing company policy does not allow us to accept or consider ideas, suggestions or materials unless we specifically ask them to. We are hiring staff and consultants who may be working on the same or similar ideas. We hope you understand that this policy is intended to avoid the possibility of future misunderstandings when projects developed by our professionals and/or consultants appear to others to be similar to their creative work. Please do not send us unsolicited original creative material of any kind. While we appreciate your feedback about your experience with the site and the services and products related to the site, we ask that you be specific in your comments and refrain from providing any ideas, suggestions or materials (unless specifically requested).

If at our request, you send us certain submissions, or despite our request, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, "Submissions") , these Submissions will be considered our property. We are under no obligation of confidentiality with respect to any Submission, and we are not responsible for any use or disclosure of any Submission. Without limiting the foregoing, we shall exclusively own all now known or existing rights in and to the Submissions of every type and nature throughout the world and shall have the right to use the Submissions without restriction for any commercial or other purpose, No compensation or notification or approval is required to submit to the provider. Xytex does not waive rights to any ideas similar or related to the Submission that it may have, previously known to it, or developed by its employees and representatives, or obtained from sources other than you.

1. Forums and Public Communications

"Forum" means a chat area, message board or interactive function or feature provided as part of the Site. If you participate in a forum within the site (as applicable), you must not: (i) defame, abuse, harass, or threaten others; (ii) make any bigoted, hateful, or racially discriminatory remarks; (iii) promote illegal activity or discuss illegal (iv) publish or distribute any material that infringes, misappropriates and/or violates any third party rights or any law; (v) publish or distribute vulgar, obscene, indecent or obscene language or images; (vi) advertise, sell or solicit others; (vii) use the Forum for any type of commercial purpose other than conducting transactions on the Site; (viii) upload or distribute any software that contains a virus or other harmful component or Other Materials; (ix) post material or make statements that are not generally related to a particular subject or theme of any forum; (x) submit any content that adversely affects this site or the Xytex brand and its goodwill, or is objected to by Xytex in its sole discretion . You also may not submit to the Forum any content that promotes or links to other websites for commercial purposes, including viruses, corrupted data or other harmful, disruptive or destructive files, or that may cause the website or its users any harm. You will be solely responsible for the content of your messages and will indemnify and hold harmless the Indemnified Parties (described in Section VIII below) with respect to the content of such messages. We reserve the right to remove or edit content from any forum at any time and for any reason. Although we may review content posted on or through the forums, we are under no obligation to do so.

By uploading material or posting any content to any forum or otherwise submitting any material to us, you (1) represent and warrant that such material or content is original to you, that no other party has any rights in it, and that it does so in accordance with this Agreement , and (2) automatically grant us a perpetual, royalty-free, irrevocable, non-exclusive, fully transferable, assignable, sublicensable right and license to use, reproduce, modify, adapt, publish , translate, publicly perform and display, create derivative works of the work and distribute such material or incorporate such material or content, including all data, images, creative works, sounds, text and other content contained therein, now known or in any form, media or technology later developed worldwide. Further, you waive any right to compensation, attribution or any other "moral rights" to such material and content.

When participating in forums, please exercise caution and never assume that people are who they say they are, know what they say, or are connected to who they say they are in any chat room, category panel, or other user-generated content area. If you communicate with us off-site through any third-party social media or sharing platform (eg, Facebook®, Twitter Inc.), your use of such platform is subject to the specific terms and conditions of that platform.

1. Content Related to the Site

For your convenience, links to other websites that we think may be of interest to you are provided. By providing these links, we do not endorse, sponsor or recommend such sites or the materials they disseminate or the content or services they provide (“Third Party Content”), and we are not responsible for such Third Party Content. We reserve the right to disable links to this website from any third-party website. We make no representations about any third-party content that may be referenced on the Site and are not responsible for the accuracy, relevance, copyright compliance, legality or decency of such third-party content. We also have no control over the privacy practices of any third-party websites. We encourage you to review the privacy policy and terms of use of any website linked to from this website.

seven. disclaimer

Electronic transmissions, including the Internet, are public media and any use of such media is public, not private. Information related to or resulting from such use is public or the proprietary information of the information collector and is not personal or private information. You agree that use of the site is at your own risk. ALL CONTENT, SERVICES AND MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. We do not make any representations, warranties or representations as to the accuracy, reliability, usefulness or completeness of the services, content or materials offered on or through this website or any website linked to it. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, capacity, completeness, availability, compatibility, or business process or performance. We do not warrant that this website or the services, content, materials or features provided on or through this website will continue to be available, uninterrupted or error-free, that defects will be corrected, or that this website, services, content, materials or or the servers for such services, content and materials are free of viruses or other harmful components, or are accurate or complete. We make no warranties or representations regarding the use or results of the use of the services, content, materials, features or products offered through this site as to their correctness, accuracy, reliability or otherwise. You assume the entire cost of all necessary servicing, repair or correction in connection with use of this site and our services. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

If we are liable for any damages in connection with such matters, your sole and exclusive remedy shall be limited to reimbursement of your actual out-of-pocket expenses paid to us for services or products. You hereby waive any and all rights to bring any claim or action in respect of such matter in any forum after one (1) year after such action, event, condition or omission on which the claim or action is based first occurred.

For telephone, electrical, electronic, network, Internet, computer, hardware or software failures, malfunctions, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or expired postage, Security of emails, form submissions, links, messages or entries, or any and all such matters.

In addition, such protected parties are not responsible for incorrect or inaccurate data entered, whether caused by Internet users or by any equipment or programs connected to or used on this site, or while processing in connection with this site Any technical or human error that may occur in any information.

We may prohibit you from participating in or using the Site if you exhibit any non-compliance with the terms of this Agreement or intend to harass, abuse, threaten or harass any other user or act in any other disruptive manner. We also reserve the right, in our sole discretion, to refuse service, terminate accounts, delete or edit content, or cancel orders.

We reserve the right to suspend access or terminate all or part of the website at any time for any reason, including computer virus infection, bugs, tampering, fraud, technical failure or any other reason beyond Xytex's reasonable control, without notice.

You also agree to indemnify the indemnified party (described in Section VIII below) for any injury, loss or damage to your computer, or the interception or use of credit card or payment information related to or arising out of your use ) shall not be liable for this website or any website, service or material linked to or from this website, and shall not be liable in any way for any harm related to or arising out of any part of this website, Liability for loss, claim or damage not working on the computer. The networks you use or communicate with such computers or networks.

Although it is our intention to keep the product descriptions contained on the website current and accurate, we do not warrant or represent that the product descriptions on the website are accurate, complete, current or reliable in any or all respects.

We do not guarantee the confidentiality or privacy of any communications or information transmitted on this site or on any site linked to this site. We will not be responsible for the privacy of information, email addresses, registration and identity information, disk space, communications, confidential or trade secret information, or any other content transmitted over a network that is accessible or otherwise related to your use of the Site couplet. .

No oral advice or written communication or information given by us or any indemnified party (described in Section VIII below) shall create a warranty of any kind and the user should not rely on such information or advice. We reserve the right, in our absolute discretion, to correct any errors or omissions in any part of this website or to deny anyone access to this website at any time without notice. Neither we nor any indemnified party shall be liable for any liability arising from your reliance on information provided on this website.

Search and directories are free services that may be associated with a website. Since online content is constantly changing, no search engine technology can have all the data available at any given time. Accordingly, we expressly disclaim all responsibility for the content or availability of information contained in any search index or directory in connection with this site.

This website may contain technical inaccuracies or typographical errors or omissions. Xytex is not responsible for any typographical, graphic or technical errors on our website. Xytex reserves the right to make changes, corrections and/or improvements to the website and the products and programs described in such information at any time without notice.

eight. compensation

You are solely responsible for maintaining the confidentiality of your password and account and all activities that occur under your account. You hereby represent us (including our subsidiaries and affiliates), our suppliers and licensors, and each of its officers, directors, agents, contractors, subcontractors, guests, residents, visitors, Licensees, invitees, assigns, and employees (together, the "Protected Parties") hold harmless from any and all charges, demands, claims, liabilities, damages, penalties, fines, or expenses of any nature (including reasonable attorneys’ and specialists’ fees and legal costs), whether due to death, any personal injury or any loss of or damage to property or otherwise (“Claim”) against you, whether caused by or contributed to by the negligence of Xytex or any agent or employee of the Indemnified Party or any of them (except to the extent prohibited by applicable law) , or claims arising out of your account, including without limitation any claims related to your infringement of anyone's intellectual property rights, including without limitation copyrights, patents, trade secrets, trademarks, artist's rights, moral rights, privacy, publicity or other rights under intellectual property laws. In the event of any claim or any action or proceeding against the Protected Parties or any of them arising out of or in connection with this Agreement, each such Protected Party may, by giving you reasonable notice, require you to expenses, to defend against such claim or to undertake the defense of any such action or proceeding, and to retain counsel for such purpose, which attorney shall have the prior written approval of such indemnified party, which approval shall be deemed given on behalf of Your insurance company's attorney is involved in this resistance or defense. You will cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of all matters subject to your indemnification.

1. Limitation of Liability

In no event shall we be liable for any lost profits, insurance costs, direct, indirect, incidental, special, consequential, consequential or punitive damages arising out of the use of or inability to use the premises, including but not limited to negligence the functionality of a place's services or your method, or inaccessibility to or reliance on a place's location or services, content or materials, or functionality of a place, the provision or non-provision of services or information or any damages arising therefrom in connection with loss of use, data or profits, regardless of whether we have been advised of the possibility of such damages and any theory of liability (including negligence). In addition, we are under no obligation to update the site or its content. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort (including, without limitation, negligence or otherwise)) exceed the amount paid by you for access to this site (if Yes). If you are dissatisfied with this website or any products or services related to or related to it, as the case may be, your sole and exclusive remedy is to stop using this website and terminate this agreement and the provisions hereof.

1. liberation

By using this site, all users acknowledge and agree that the indemnified party shall be held harmless, held harmless and harmless, and shall not be liable for any liability whatsoever in connection with all aspects of the site, including whether or not the indemnified party, any illness, loss, suit, , personal injury, death, property damage, and claims based on rights of publicity, defamation, or invasion of privacy, reasonable attorneys' fees, and court costs) that may arise from use of this site or acceptance, possession, use, or misuse and creation of materials, U.S. lye, or Products related to or derived from it. We reserve the right to restrict or deny access to this website and its services, content, materials and features at any time, without liability to any person. We further reserve the right to seek remedies of any kind, including, but not limited to, attorneys' fees in connection with fraudulent or illegal activity related to the use of this site.

1. permissionsquestion

We do not represent that the services or products offered on this website are suitable or available for use in any particular location. Those who choose to access the Site and our products and services do so on their own initiative and are responsible for compliance with local laws in their jurisdiction. If using this website and/or viewing or using any material or content on this website or using our products or services violates any applicable laws in your jurisdiction, you are not authorized to view or use this website, products and/or or service and must be discontinued immediately. Your viewing and/or use of this website constitutes your representation that you are granted unconditional and unrestricted permission to view and use this website and that the Indemnified Parties may rely on such representations. This site is operated in the United States and some software on this site may be subject to US export controls. No software from this site may be downloaded or otherwise exported or re-exported to anyone or anywhere in violation of the export laws of the United States or any other jurisdiction. By downloading or using this software, you represent and warrant that you are not in a restricted location, as a restricted person, or under the control of a restricted person.

twelve. disappear

This Agreement (as amended) remains in effect for all periods of your access to the Site, our products or services. If, in our sole discretion, you fail to comply with any term or provision of this agreement, we may terminate your access to this website immediately and without notice. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise. By their very nature, all rights and obligations intended to survive termination of your use of the Site and/or termination of this Agreement will survive termination, including but not limited to the following: Agreement; Additional Conditions; Privacy (Section Part), User Qualifications; Your Account (Part Two); Restrictions on Use (Part Three); Submissions (Part Four); Forums and Public Communications, Penultimate Paragraph (Part Five); Disclaimer (Part VII); Indemnity (Part VIII); Limitation of Liability (Part IX); Emancipation (Part X); Termination (this Section XII); General Provisions (Part XIII); Notice of Claims of Copyright Infringement and procedures (Section XV).

Thirteen. General provisions

You must comply with all applicable laws, rules, ordinances and regulations concerning your use of this website and solicitation of offers to buy and/or sell products and/or services. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to principles of conflict of laws. You agree that (1) any legal or legal action arising out of or relating to the terms of this agreement, our products or services shall be brought individually, not as a class action of any kind, and only in state or federal courts located in the United States Richmond County, Georgia, you hereby consent to and submit to the personal jurisdiction of such courts for the purpose of litigating any such action, and (2) all claims, judgments and awards shall be limited to your actual out-of-pocket , but in no event shall attorneys' fees be included, and in no event shall you be recoverable for any indirect, punitive, incidental and consequential damages, and any other damages, and you hereby waive all rights to claim , except for actual out-of-pocket expenses, and all rights to increase or otherwise increase damages. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between us with respect to the subject matter hereof and may not be modified except as otherwise provided in this Agreement. No waiver, whether by conduct or otherwise, of any term, term or condition of this Agreement in one or more instances shall be deemed or constitute a waiver of any other term, term or condition of this Agreement, whether similar or not, any No waiver shall constitute a permanent waiver of any term, provision or condition of this Agreement. No waiver shall be binding unless in writing and signed by the waiving party. You agree to execute and deliver to us such further documents, instruments or agreements in recordable form as necessary, and to take such further actions as are necessary or appropriate to achieve the purpose of this agreement.

fourteen. Digital Signature Terms

You further agree that your clicking to accept the Terms and Conditions on the Site constitutes a valid, legal and binding electronic signature and that you have formed, executed, accepted and otherwise acknowledged and agreed to the applicable Terms.

1. Notice and Procedure for Filing Claims of Copyright Infringement

In accordance with the United States Digital Millennium Copyright Act, notices of alleged copyright infringement should be sent to our designated agent. This notice must be delivered to the following designated agent:

• Name of Agent Designated to Receive Notifications of Alleged Infringement: Copyright Attorney
• Full address of designated agent to whom notices should be sent: 1100 Emmett Street, Augusta GA 30904 U.S.A.
• Designated Agent Email Address: info@xytex.com

In order for a notice to be effective, the notice must be a written communication, which you may send to us by post or email as described above, which includes the following:

1. Full and complete identification of the copyrighted work that you claim has been infringed.
2. Unambiguous identification of the material that you claim is infringing, the page on which the material was posted, and information that enables us to locate the material on the Site, such as a link to the infringing material.
3. Your name, address, email and phone number.
4. Include the following signed statement: "I have a good faith belief that the material claimed to be infringing is not authorized by the copyright owner, its agent, or the law."
5. Include the following statement: "I swear, under strict liability, that the information in the notice is accurate and that I am the copyright owner or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed."
6. Notices must be signed by a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.