The following is an agreement ("Agreement") between California Cryobank LLC, a Delaware limited liability company ("CCB") and the client or adult child ("Registrant") pursuant to which CCB, through the Sibling Registry section on its website located at www.cryobank.com, shall provide information on potential siblings ("Information") to Registrants.
Upon acceptance of Registrants’ applications, CCB shall provide Registrants with access to information on CCB's website about other clients and potential siblings who used the same donor. CCB grants Registrants a non-transferable, non-exclusive and personal limited license to use the Information subject to the limitations set forth herein.
The Information is being furnished to Registrants hereunder solely for their own personal use. Registrants agree that the Information is and shall remain the exclusive property of CCB and that CCB owns all right, title and interest in and to the Information. Registrants also agree that the Information is conﬁdential and Registrants agree not to disclose, sell, license, copy, lease, rent, transfer, assign, modify, distribute, exploit or otherwise provide the Information to any third party. Registrants agree to respect the privacy of other participants.
While CCB makes every eﬀort to verify information on the Sibling Registry, it is ultimately the responsibility of the Registrant to verify potential sibling matches. CCB is not responsible for the accuracy of information provided by registry participants. Participation in the Sibling Registry is voluntary.
THE INFORMATION IS PROVIDED TO REGISTRANTS "AS IS" WITHOUT WARRANTY OF ANY KIND. CCB DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AND CCB SHALL NOT BE LIABLE TO REGISTRANTS FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. CCB'S TOTAL LIABILITY TO REGISTRANTS UNDER THIS AGREEMENT, WHETHER ARISING FROM TORT, CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY REGISTRANTS FOR SIBLING REGISTRY PARTICIPATION.
- CCB strictly prohibits the sale, transfer, exchange or any solicitation to receive by any means, donor specimens, donor information or products and services of any kind on any CCB bulletin board.
- CCB requires that all users of the bulletin board refrain from profane language or any other language that, in CCB's sole discretion, is deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, threatening, oﬀensive, invasive of a person's privacy, antagonistic, intentionally argumentative or otherwise objectionable and not in compliance with the purpose of the Sibling Registry.
- CCB prohibits the use of the Bulletin Board by all parties deemed by CCB to be gathering and/or publishing data, including but not limited to, names and identities of CCB clients for the purposes of personal use, media, academia, or any other type of research. Sibling Registry participants agree to respect the privacy of others using the Bulletin Board.
- CCB has provided this bulletin board exclusively to clients participating in the Sibling Registry Program, who have had children using a CCB donor, and any donor conceived oﬀspring once they reach 18 years of age. Information posted on the Bulletin Board should be limited to discussions regarding potential siblings and should not include any other areas, including but not limited to, donor vial availability, medical advice, diagnosis and/or treatment.
- All parties relying on information posted on any CCB bulletin board do so at their own risk. CCB strongly encourages any party seeking medical information to seek the advice of a medical professional. Unless otherwise stated, no medical professional has been endorsed by CCB to oﬀer medical advice on its Bulletin Board.
- Should CCB determine that any post is misleading, CCB reserves the right to delete such post. Any member of the Bulletin Board community found by CCB, in its sole discretion, to be repeatedly so misleading can and will be barred from any future postings.
- By submitting a posting to any of the CCB bulletin boards, Registrants agree to indemnify and hold CCB, its parent and any other aﬃliated companies, and their respective agents, employees, directors and oﬃcers from any claim based upon transmission of his/her message(s) and acknowledge that CCB reserves the right to reveal his/her identity in the event of a complaint or legal action arising from any message posted.