Terms and Conditions of Use

Last Modified: 11/14/2023

This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. Please see the “Arbitration” section below.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and uses of the Services thereafter. Notwithstanding the foregoing, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section of these Terms of Use will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Services, and the Terms of Use then in-effect as of such date shall apply to any such dispute.

Your continued use of the Services following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the Services in full, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, including the ability to schedule donations, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is true, accurate, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures or as part of your use or access of the Services, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security of which you become aware. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We are not responsible for any misappropriation of or unauthorized access to any such information by third parties as a result of your failure to comply with these Terms of Use.

We have the right to disable any user name, password or other identifier or account, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including without limitation, if we determine, in our sole discretion, that you have violated any provision of these Terms of Use.

Copyright © Takeda. All rights reserved.

The Services and all of their content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by BioLife, its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only, and not for any other purpose. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, collect, sell, offer for sale or transmit any of the material on our Services, except as follows:

• Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Internet web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the relevant Terms of Use for such applications.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to: BiolifeMarketingAndCommunications.US@takeda.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any and all copies of the materials you have made. No right, title or interest in, to or under the Services or any content on the Services is transferred to you, and all rights not expressly granted herein are expressly reserved by BioLife. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

BioLife and are registered trademarks of Baxalta Incorporated. Takeda and the are registered trademarks of Takeda Pharmaceutical Company Limited. You must not use any such marks without the prior written permission of the listed trademark owners.

All other products or trademarks appearing herein are the property of their respective owners. All other names, logos, product and service names, designs and slogans used in the Services are the trademarks of their respective owners and may only be used by you with their respective owner’s separate permission.

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• In any way that exploits, harms or attempts to exploit or harm minors in any manner, including without limitation by exposing minors to inappropriate content, asking for their personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate BioLife, a BioLife employee, another user of the Services or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us in our sole discretion, may harm BioLife or users of the Services or expose them to liability.
• To create or transmit any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• To promote any illegal activity, or to advocate, promote or assist any unlawful act, including without limitation any promotion of sexually explicit or pornographic material, violence, or of any discrimination based on race, color, gender, age, national origin, religion, disability, sexual orientation, gender identity or expression, veteran status, or any characteristic protected by Federal, state or local law.
• To infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• To violate the legal rights (including the rights of publicity and privacy) of others or to create or transmit any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
• To cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other user of the Services.
• To impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• In any manner involving commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• To give the impression that any statement, content, material or other information provided on or through the Services emanates from or is endorsed by us or any other person or entity, if this is not the case.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with anyone’s use of the Services, including without limitation anyone’s ability to engage in real time activities through the Services.
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including without limitation monitoring or copying any of the material on the Services.
• Use any manual or automated process to monitor, copy or transmit any of the material or content on the Services, or for any other unauthorized purpose, without our prior written consent, in our sole discretion.
• Use any device, software, program, code or routine that interferes with the functioning of the Services or BioLife’s ability to provide and maintain the Services.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the servers on or through which the Services are stored or provided, or any server, computer or database connected to the Services.
• Attack the Services via a denial-of-service attack, a distributed denial-of-service attack, or any similar method.
• Otherwise attempt to interfere with the functionality of the Services.

We have the right to:

• Remove or refuse to authorize any registered user account for any or no reason, in our sole discretion.
• Take any action with respect to any registered user account that we deem necessary or appropriate in our sole discretion, including without limitation if we believe that such user has violated these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could otherwise create liability for BioLife.
• Disclose your identity or other information about you to any third party who provides proof that any use by you of the Services violated their rights, including without limitation their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. You waive and agree to hold harmless BioLife and its affiliates, licensees, vendors and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of such party’s investigations and from any actions taken as a consequence of investigations by any such parties or law enforcement authorities.

Notwithstanding the foregoing, we do not undertake to review all material before it is posted through the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

The information presented on or through the Services is made available solely for general information purposes, and not for any particular purpose. We do not warrant the accuracy, completeness or usefulness of any or all such information. Any reliance you place on any such information is strictly at your own risk. We disclaim, and you agree to waive, any and all liability and responsibility arising from any reliance placed on such information or materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by BioLife, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of BioLife. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

The Services are offered and operated by BioLife Plasma Services L.P., 1200 Lakeside Dr., Bannockburn, IL 60015.

All other feedback, comments, requests for technical support and other communications relating to the Services should be submitted using our Contact Us form.

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BioLife has taken measures to ensure the security and confidentiality of any information that you provide to the Services. The Internet is not an absolutely secure medium, and is not under BioLife’s control. Use of the Services is solely at your own risk and is subject to all applicable local, state, provincial, national, and international laws and regulations. For details of the way in which BioLife deals with information relating to you, please refer to the Privacy Notice. By using the Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Notice.

You may use any social media features made available through the Services solely as they are provided by us, solely with respect to the content they are displayed with, and as may otherwise be in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Cause the Website or App or any portions of it to be displayed, or appear to be displayed (e.g., by framing, deep-linking or in-line linking) on any other site.
• Link to portions of the Website or App that would reasonably be understood not to be intended for direct public access, including any portion for which we have implemented technical measures to restrict search engine or similar access.
• Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Services to other sites, apps and resources provided by third parties are provided for your convenience only. This includes links contained in advertisements, including without limitation banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility, and you absolve us of all responsibility, for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party resources linked from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such resources.

The Services are intended for use only by persons located in the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

The Services may contain information about products, which may or may not be available in any particular country, and if applicable, may have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or for an indication for any product, which is not authorized, by the laws and regulations of the country where the reader resides.

The Services may contain information on medical and health-related topics. This information is not meant to be a substitute for the advice provided by your own physician or other medical professional. You should not use this information for diagnosing a health problem or disease but should always consult your own physician.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other harmful or malicious code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or any services or items obtained through the Services or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Services, their content and any services or items obtained through the Services is at your own risk. The Services, their content and any services or items obtained through the Services are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. Neither BioLife nor any person associated with BioLife makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Services. Without limiting the foregoing, neither BioLife nor anyone associated with BioLife represents or warrants that the Services, their content or any services or items obtained through the Services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Services or the systems that make them available are free of viruses or other harmful components or that the Services (or any services or items obtained through the Services) will otherwise meet your needs or expectations. BioLife has not reviewed all the sites that may be linked to its Services and does not endorse and is not responsible for the content of any off-site pages or any other sites linked to these sites. Your linking to such sites is at your own risk.

BioLife hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

In no event will BioLife, its affiliates or their licensors, service providers, vendors, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, any websites linked to it, any content on the Services or such other websites or any services or items obtained through the Services or such other websites, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, including without limitation, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including without limitation negligence), breach of contract or otherwise, even if foreseeable or if such party was advised of such risk of damages.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

You agree to defend, indemnify and hold harmless BioLife, its affiliates, licensors, vendors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your use of or access to the Services’ content, materials, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Subject to the arbitration provision below, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in the City of Chicago, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At BioLife’s sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the then-current Rules of Arbitration of the American Arbitration Association applying Illinois law.

You and BioLife hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees. Each party will be responsible for any other fees or costs that such party may incur.

If a court decides that any provision of this section is invalid or unenforceable, that provision shall be severed and the other parts of this section shall still apply. In any case, the remainder of these Terms of Use will continue to apply.

Any cause of action or claim you may have against BioLife or our affiliates arising out of or relating to these Terms of Use or the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.

No waiver by BioLife of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BioLife to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision, in whole or in part.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Services may include forward-looking statements that involve risks and uncertainties, including technological advances in the medical field, product demand and market acceptance, the effect of economic conditions, the impact of competitive products and pricing, foreign currency exchange rates and other risks detailed in BioLife’s or its affiliates’ filings with the Securities and Exchange Commission. These forward-looking statements are made as of the date of publication. All of these forward-looking statements are based on estimates and assumptions made by management of the applicable company and are believed to be reasonable, though are inherently uncertain and difficult to predict. Actual results or experience could differ materially from the forward-looking statements.

If you access the App through or download the App from the Apple App Store (an “App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product; and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. We reserve all rights in and to the App Store Sourced Application not expressly granted to you under these Terms.

You acknowledge and agree that (i) these Terms are valid between you and us only, and not Apple, and (ii) as between us and Apple, we, not Apple, are solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between us and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

You and we acknowledge that, as between us and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and we acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between us and Apple, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

Without limiting any other provisions of these Terms, you must comply with all applicable third- party agreements when using the App Store Sourced Application.

These Terms of Use and the Privacy Notice constitute the sole and entire agreement between you and BioLife with respect to your use of and access to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. For clarity, however, you may be required to execute additional agreements in connection with your donation of plasma or other materials.

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