The following terms apply to content viewed by users, and user conduct, on the Site, including Phoenix Donor Services.com and Phoenix Donor Servicesproducts.com, and the partner's website:
The Site may contain comments sections, discussion forums, image galleries, images, or other interactive features ("Content").
The Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws. Phoenix Donor Services owns the copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may not download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Phoenix Donor Services and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material, including images.
Phoenix Donor Services, its parent, subsidiaries, and affiliates own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on the Site are the property of their respective owners.
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER PHOENIX DONOR SERVICES, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
(B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. SUGENEX IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE SITE.
(D) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TURNER, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF TURNER OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT TURNER AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(G) Phoenix Donor Services disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Site, you acknowledge and agree to Phoenix Donor Services' disclaimer of any such liability. If you do not agree, you should not access or use the Site.
You agree to defend, indemnify and hold harmless Phoenix Donor Services, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site by you or your Account. Phoenix Donor Services reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Phoenix Donor Services with such cooperation as is reasonably requested by Phoenix Donor Services.
For copyright inquiries under the Digital Millennium Copyright Act, please contact:
ATTN: Legal Department
PHOENIX DONOR SERVICES® LLC
PO Box 4664
Scottsdale, AZ 85261
These Terms of Service were last updated on June 9, 2023.
Phoenix Donor Services Privacy Policy Agreement Update June 9, 2023
Most websites collect some sort of information about their visitors in order to gather statistics about how many visitors they get each month, what are the most and least popular pages on the web site, where there may be problems in serving certain pages to visitors, etc. In an effort to answer questions such as these, Phoenix Donor Services also collects certain basic information about its visitors.
Please note, however, that Phoenix Donor Services has no interest in personally identifying its users. This would be practically quite difficult and quite an unnecessary task to accomplish anyway. The only thing that Phoenix Donor Services is interested in is the overall statistics of its readership. Cumulative figures that provide a picture of visitor traffic to our site are vital in our efforts to attract advertisers -- upon whose support the site depends -- and to monitor how well our web server is keeping up with our ever-increasing readership.
So what information does Phoenix Donor Services collect about its visitors? Each time someone visits the site, our web server logs a number of details -- if they are available -- including the IP address of the visitor's computer and/or Internet service provider, the domain name and country of origin of that computer, its operating system, and the type of web browser being used.
Phoenix Donor Services uses certain third-party web traffic analysis services, such as Google Analytics, which collect similar information. We also participate in certain web traffic services, such as comScore, as part of web traffic reporting obligations to certain vendors and partners that may require such data in order to receive their services (e.g., news services that license content according to rates based on the number of visitors to our site).
In addition, third-party advertising agencies that we work with may also collect certain information through the use of banner ads and other forms of advertising and advertising-related data collection. We use third-party advertising companies to serve ads when you visit our Web site. These companies may use information about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you.
Such information can include certain location data pertaining to a user if such information is made available from GPS, Wi-FI, or cell phone tower data in accordance with whatever settings may allow for the collection of such data in the user's web browser or cell phone. So, for example, a user may see ads of nearby businesses in the user's locality if a user's browser has enabled location services and if an advertiser has the ability to target ads to users in certain geographical areas.
In the course of serving advertisements to this site, third-party advertisers may also place or recognize a unique "cookie" on your browser. For example, Google, as a third-party vendor, uses cookies to serve ads on Phoenix Donor Services. Google's use of the DoubleClick DART cookie enables it to serve ads to our users based on their visit to Phoenix Donor Services and other sites on the Internet. Users may learn more about the use of the advertising cookies by visiting Google's Advertising Policies & Principles page at: http://www.google.com/policies/technologies/ads/
If you would like more information about advertising-related data collection practices and to know your choices about not having this information used by these companies, see: http://www.networkadvertising.org/choices/
If you wish not to have anyone keep any records of your visit to our site, even though it is our policy not to personally identify individual users but only to gather overall cumulative information about our visitors, then we suggest that you use an anonymous web browsing service. Such services typically hide all information about particular users from websites, which log visits from the anonymizing service instead of the users' own computers.
