Terms of Use

Last modified: February 20, 2026

Introduction

Welcome to www.transplants.org. Please read these Terms of Use ("Terms") carefully. These Terms are a binding agreement between you and, if applicable, any individual or other legal entity you represent (collectively, "you" or "your") and Transplants.org, Inc., a 501(c)(3) tax-exempt not-for-profit organization ("Transplants.org", "we", "our", or "us"). These Terms govern your access to and use of: (a) the website located at www.transplants.org, any of our other websites and their respective subdomains, any software applications containing a link to these Terms, and mobile versions of www.transplants.org (collectively, the "Website"); (b) the Content (as defined below); and (c) any services, features, or functionality available on the Website (collectively, with the Website and Content, the "Services"). You may use the Services only in strict compliance with these Terms.

BY VISITING, ACCESSING, OR USING THE SERVICES, OR BY CLICKING THAT YOU "AGREE" TO THESE TERMS (WHEN SUCH OPTION IS MADE AVAILABLE TO YOU), YOU AGREE (ON BEHALF OF YOURSELF AND ANY INDIVIDUAL OR ENTITY THAT YOU REPRESENT) THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. FOR THE AVOIDANCE OF DOUBT, THESE TERMS APPLY TO ALL VISITORS TO AND USERS OF THE SERVICES, INCLUDING BROWSERS, VENDORS, PROFESSIONAL ORGANIZATIONS, CLINICS, AND RESEARCH INSTITUTIONS, REGARDLESS OF WHETHER THE SERVICES ARE ACCESSED OR USED THROUGH AN ACCOUNT (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICES.

PLEASE NOTE THAT THE TERMS INCLUDE (1) VARIOUS LIMITATIONS AND EXCLUSIONS; (2) A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED AND THAT GENERALLY REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS AND INCLUDES A CLASS ACTION WAIVER; (3) A WAIVER OF THE RIGHT TO A TRIAL BY JURY; AND (4) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGES AGAINST US AND CERTAIN THIRD PARTIES THAT MAY ARISE OUT OF THE USE OF (OR INABILITY TO USE) THE SERVICES. THESE TERMS, INCLUDING AS SET FORTH IN SECTIONS 9, 10, AND 12, AFFECT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BE SURE TO READ THEM CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

  1. Access

    1.1 Conditions to Access. You represent and warrant that: (a) you are at least the age of majority in your state of residence (18 years old in most states), or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use the Services; (b) if you are using the Services on behalf of an individual or entity, you have full legal authority to accept these Terms on behalf of that individual or entity; and (c) you will not share personal information of third parties with us (e.g., personal information of your patients), except as consented to by the third party or as otherwise permitted under applicable Law (as defined below). Our Services are not intended for minors, and if we learn we have collected or received personal information (including Customer Data (as defined below)) from a child under 13, we will delete that information.

    1.2 Account. In order to access or use certain parts of the Services, you may be required to register for or create an account on the Website (each, an "Account"). When you register an Account, you will create a unique username and password. You are responsible for all activities that occur under your Account, including any transactions between you, us, or a third party, and for any data (including Customer Data) uploaded or downloaded or Content downloaded through the use of your Account. You are responsible for maintaining the confidentiality of your Account, username and password, and you agree not to provide any other individual or entity (other than an individual or entity that you represent in connection with your access to or use of the Services) with access to all or any part of your Account. Please notify us immediately if you suspect unauthorized use or a breach of security of your Account, username, or password or otherwise with respect to the Services. If we know or have reason to believe that there is likely to be a breach of security or misuse of your Account or the Services through your Account, we may require you to change your login details, including any usernames or passwords associated with your Account.

    1.3 Applicable Law. The Services are controlled and operated by us from our offices within the United States and are not intended to subject us to the Laws of any state, country, or territory other than those of the United States, although the Services may be compliant with such Laws. If you access or use the Services outside the United States, you are responsible for complying with all applicable local, state, federal, national, provincial, foreign, and international statutes, treaties, regulations, rules, orders, and other laws (each, a "Law") with respect to such access or use.

    1.4 Privacy Policy. Our Privacy Policy is located at https://www.transplants.org/legal/privacy-policy (our "Privacy Policy"). Our Privacy Policy discloses our practices regarding the collection, use, storage, and sharing of any of your personal information or personal health information, including within any Customer Data. Please be sure to carefully read and review the Privacy Policy before uploading or downloading any personal information, personal health information, or Customer Data to or from the Services.

  2. No Medical Advice

    2.1 Informational Use Only. The Services, including any information about diseases, conditions, treatments, diagnostics, tests, medicines, devices, healthcare professionals, healthcare organizations, treatment or transplant centers, procedures, interventions, items, products, or services, are for informational purposes only. The Services are not intended to be, and are not a substitute for, professional medical advice, diagnosis, or treatment and are not otherwise intended for use in the diagnosis, cure, mitigation, prevention, or treatment of any disease or condition. The Services should not be construed as giving advice or making any recommendation regarding any decision or action related to your health or the health of others. We do not monitor or authenticate the Content or Third-Party Sites (as defined below) contained on the Services for accuracy, safety, or reliability. Inclusion of certain Content or Third-Party Sites on or in the Services does not mean that Transplants.org supports, endorses, or recommends, or makes any representation, warranty, or guarantee with respect to, a specific treatment, diagnostic, test, medicine, device, healthcare professional, healthcare organization, treatment or transplant center, procedure, intervention, item, product, service, or other information. Any reliance on the Services is solely at your own risk. You should consult a doctor or other qualified health care professional regarding any questions you may have about your health or before making any decisions related to your health or wellness. Never disregard professional medical advice or delay seeking medical advice or care because of something you have read or accessed through the Services.

    2.2 For Qualified Healthcare Professionals. If you are a doctor or other qualified healthcare professional, you are prohibited from offering any medical advice or care on or through the Services. The Services are not a substitute for your own independent medical judgment. You are wholly and solely responsible for the exercise of your independent medical judgment, including whether, and to what extent, you consider the Content provided on or through the Services.

    2.3 Emergencies. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

  3. Changes to These Terms and the Website

    3.1 Changes to these Terms. We reserve the right, in our sole discretion, to change, terminate, or modify all or portions of these Terms at any time. If we make any material change, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We may also attempt to notify you of such change, either through the Website, in an email notification, or through other reasonable means, including using any information that you have provided to us on or through the Services or in connection with the creation of your Account. Any such changes will become effective fourteen (14) days after they are posted, except that changes addressing new features or functions of the Services or changes made to comply with Laws will be effective immediately. In addition, any changes will be effective immediately for new users of or visitors to the Services. Your continued use of the Services after the date any such changes become effective, constitutes your acceptance of the new Terms. If you do not agree to any changes in these Terms (except as provided in the Arbitration Agreement (as defined below)), your sole and exclusive remedy is to terminate and cease using the Services as provided in Section 11.

    3.2 Changes to the Services. Transplants.org may make improvements or changes to the Services at any time. Although we attempt to periodically update the Content on the Services, it may be inaccurate, incomplete, or out of date at any given time. Without limiting any other provision in these Terms including in Sections 9 and 10, we: (a) make no representation or warranty that the Services are current, complete, or accurate; (b) undertake no obligation to update or revise the Services, whether as a result of new information, future events or circumstances, or otherwise; and (c) will not be liable for any failure to update the Services. It is your responsibility to verify any Content contained on or in the Services before relying upon it. We reserve the right to withdraw, amend, or restrict your access to the Services (including any part thereof), in our sole discretion, at any time, without notice. We will not be liable if, for any reason, all of any part of the Services are unavailable. You are responsible for making all arrangements necessary for you to have access to the Services. In addition, you are solely responsible for ensuring that any access or use of the Website through your Internet connection complies with these Terms.

  4. Ownership and Licenses

    4.1 Ownership of Marks and Services. As between you and Transplants.org, we and our affiliates and licensors own all right, title, and interest in and to the Marks (as defined below) and Services, including all information, files, reports, papers, documents, text, audio, graphics, images, video, data, software, website appearances and design, and all associated databases, software, know-how, and other content and materials, and all intellectual property and proprietary rights therein (whether now or later known) available on or in the Services (collectively, the "Content"). The Marks and Services are protected by intellectual property and proprietary rights Laws. Any use of the Marks and Services in violation of these Terms is a violation of our rights and such intellectual property and proprietary rights Laws. Your acceptance of these Terms or access to or use of the Services does not transfer to you or any third party any right, title, or interest in or to the Marks or Services, except for the limited license expressly provided in this Section 4.3. We hereby reserve all rights not expressly granted in these Terms.

    4.2 Marks. You will not use Transplants.org's or any of its affiliates' or licensors' names, logos, trademarks, trade dress, service marks, business names, or other propriety indicia (collectively, the "Marks"), without prior written consent, in each instance. All goodwill generated from or associated with the use of any Marks will inure to the exclusive benefit of the owner of such Mark, including (where applicable) Transplants.org. You will not remove any copyright, trademark, or other proprietary rights notices from the Services, including from any copies of any Content.

    4.3 License Grant to Services. Subject to, and conditioned on, your compliance with these Terms, Transplants.org hereby grants to you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable license to use the Services provided by Transplants.org for your personal, internal, and non-commercial use only. Nothing contained in these Terms will be construed as conferring any license or right under any of our or our third party licensors' copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights, whether by implication, estoppel, or otherwise. There are no implied licenses.

    4.4 Feedback. If you provide us with any feedback submissions, ideas, suggestions, proposals, plans, testimonials, reviews, questions, comments, notes, concepts, or other similar information or materials, including regarding the Services (collectively, "Feedback"), you hereby grant to Transplants.org an unlimited, worldwide, royalty-free, perpetual, transferrable, sublicensable (including through multiple tiers), and irrevocable right and license to use, share, commercialize, and otherwise exploit such Feedback in any manner and for any purpose without any obligation to you. You acknowledge and agree that we are under no obligation to: (a) maintain any Feedback in confidence or treat such Feedback as proprietary to you; (b) pay compensation for any Feedback; or (c) respond to or use any Feedback. You represent and agree that your Feedback will not violate any right of any third-party, including any intellectual property, personal, or proprietary right. You are solely responsible for any Feedback you make, including for the completeness and accuracy of such Feedback. We take no responsibility and assume no liability for any of your Feedback or the Feedback of any third-party. You agree that you will not submit any information or ideas (including Feedback) to us that you consider to be confidential or proprietary, whether through the Service or otherwise.

  5. Customer Data

    5.1 Ownership and License to Customer Data. You may provide to us, including on or through the Services or your Account, your data and information, including personal information and personal health information ("Customer Data"). As between you and us, you are the owner of your Customer Data. Unless otherwise provided in our Privacy Policy or in a written user consent agreed to between you and us, you hereby grant us a worldwide, non-exclusive, irrevocable, perpetual, fully-transferrable, sublicensable (including through multiple tiers), royalty-free right and license to use, copy, modify, reproduce, adapt, distribute, perform, display, transmit, and create derivative works of any Customer Data you provide to us, including on or through the Services, to: (a) improve, update, upgrade, and enhance the Services; and (b) provide the Services to you. Unless otherwise provided in our Privacy Policy or in a written user consent agreed to between you and us, we have no responsibility or liability for the deletion or failure to store any Customer Data on the Services, you are solely responsible for maintaining all necessary back-up and storage of any Customer Data, and we have the right, but not the obligation, to monitor or remove any of your Customer Data from the Services in our sole discretion without notice or consent.

    5.2 Your Representations and Warranties Regarding Customer Data. You represent and warrant that: (a) you own or otherwise have all rights necessary to provide us with, and to grant us all rights and licenses provided in these Terms to, your Customer Data; (b) your Customer Data is complete, accurate, and up-to-date; (c) you will update any Customer Data provided to us, promptly after any such Customer Data has changed; and (d) neither your Customer Data, nor your provision of such Customer Data to us, violates these Terms or any applicable Laws, or will cause injury to any individual or entity, including any privacy or security risk. You agree that we may rely on the Customer Data you provide to us. Without limiting any other provision in these Terms, including in Sections 9 and 10, we are not responsible, and you will not hold us liable, for any inaccurate notifications or other communications, that we, our affiliates, or our licensors may send to you based on Customer Data you have provided to us.

    5.3 Disclosure of Services and Customer Data. You acknowledge and agree that we may preserve the Services and disclose them (including any Customer Data contained on the Services, unless otherwise provided in our Privacy Policy or in a written user consent agreed to between you and us), if required to do so by Law or in the good faith belief that such preservation or disclosure is reasonably necessary, including to: (a) comply with legal or regulatory process or applicable Laws or government requests; (b) enforce these Terms; (c) respond to claims that the Services or any Customer Data (as applicable) violates the rights of third parties; or (d) protect the rights, property, or personal safety of Transplants.org, its users, and the public. You understand that the technical processing and transmission of the Services, including your Customer Data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

  6. Financial Gifts

    6.1 Financial Giving Providers. We permit users to make financial gifts to us to support our mission and objectives on and through the Services. All financial gifts made to Transplants.org are subject to our State Law Notices page, which is incorporated in these Terms by this reference. We use Fundraise Up and Stripe (collectively, our "Financial Giving Providers") to help process financial gifts made to us. Our Financial Giving Providers' applicable terms and conditions also apply to any financial gifts made to us on and through the Services. Please read our Financial Giving Providers' applicable terms and conditions carefully before making any financial gifts to us on or through the Services.

    6.2 IRS Disclosures. Transplants.org is recognized by the Internal Revenue Service ("IRS") under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt public charity (Federal Tax ID: 87-2539078). If you decide to give a financial gift to Transplants.org, please be aware that: (a) financial gifts to Transplants.org are tax-deductible as charitable contributions for federal income tax purposes to the extent permitted by Law and our State Law Notices page; (b) all financial gifts and contributions to Transplants.org are final and non-refundable except as otherwise provided by Law or our Financial Giving Providers' refund policies; and (c) Transplants.org may be required by Law to disclose your financial gift to the IRS or other governmental agencies.

  7. Use Restrictions

    7.1 General Restrictions. You agree not to use the Services:

    • In violation of these Terms or any Law
    • To post or upload information or content (including Customer Data) that is false, inaccurate, or misleading
    • To transmit or display any material that is illegal, abusive, graphically distressing, inflammatory, profane, threatening, hateful, tortious, defamatory, discriminatory, obscene, sexually explicit, or contains pornography, libelous, invasive of another's privacy, hateful, or otherwise objectionable or offensive, or to harass or harm Transplants.org, another entity or another individual
    • To infringe any copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy of any party
    • To interfere with others' use and enjoyment of the Services, including by transmitting any unsolicited or unauthorized advertising or commercial materials or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation or promotional materials
    • To impersonate, or attempt to impersonate, any individual or entity, or otherwise misrepresent your affiliation with an individual or entity
    • To disparage or injure the reputation or goodwill of Transplants.org, or any of its officers, directors, or employees, affiliates, or licensors
    • To further or promote any criminal activity or enterprise or provide instructional information about illegal activities
    • In any way that suggests you are a representative of Transplants.org, or for any lobbying or political activities
    • To obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Services

    7.2 Technical Restrictions. You are prohibited from violating or attempting to violate the security of the Services. In addition, you agree, in connection with your use of or access to the Services, not to:

    • Access data or Content not intended for you or to log onto a server or an Account which you are not authorized to access
    • Probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
    • Access or use the Services or any portion thereof without authorization, in violation of these Terms, or in violation of Law
    • Transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code
    • Interfere with or disrupt the Services or any software, hardware, telecommunications equipment or networks used by us
    • Modify, copy, frame, scrape, rent, lease, loan, sell, resell, distribute, display, license, perform, publish, reproduce, duplicate, transfer, exploit, or create derivative works based on, the Services or activity happening on the Services, in whole or in part (except for any of your Customer Data contained on or in the Services or as permitted in Section 8.2)
    • Adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services
    • Engage in or use any data mining, robots, scraping or similar data gathering or extraction methods to create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence system, including any architectures, models, or weights

    If you are blocked by Transplants.org from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

    7.3 Violations of Use Restrictions. Violations of system or network security protecting or related to the Services may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve or cooperate with, law enforcement authorities in prosecuting people who are involved in such violations. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including removing offending content (and Customer Data) from the Services, suspending or terminating access (including to Accounts), and reporting violations to law enforcement authorities.

  8. Third-Party Sites; Linking

    8.1 Third-Party Sites. We may provide on or through the Services, links or other access to sites and resources on the Internet that are not owned, controlled, or operated by us. We have no control over such sites and resources, or any content, information, materials, goods, or services available on them (collectively, "Third-Party Sites"), and we are not responsible for and do not endorse such Third-Party Sites. Without limiting any other provision of these Terms, including in Sections 9 and 10, you acknowledge and agree that Transplants.org will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any Third-Party Sites. Any dealings you have with third parties found while using the Services (including in connection with your use of or access to Third-Party Sites) are between you and the third party, and you agree that Transplants.org is not liable for any loss or claim that you may have against any such third party.

    8.2 Linking to the Services. If you wish to link to the Services, you may include an active link on any website you control directing a browser to the home page of the Website; provided that, you agree to remove the link at any time upon our request for any reason. You may not link to or otherwise provide access to the Services in any way that: (a) alters the look, feel, or functionality of any aspect of the Services; or (b) in any way that disparages us or the Services or that could injure the reputation or goodwill of Transplants.org, as determined in our sole discretion.

  9. Indemnification, Release, Disclaimers

    9.1 Indemnity; Release. You agree to release, indemnify, defend, and hold harmless Transplants.org and its affiliates, officers, directors, employees, agents, licensors, representatives, suppliers, and agents (together, "Transplants.org Parties") from and against any and all rights, claims, causes of action, or other proceedings (collectively, "Claims") and any related losses, damages, expenses, including reasonable attorneys' fees, fines, penalties, and injuries (including death), of any kind, arising out of or relating to your: (a) use of (or inability to use) the Services or Third-Party Sites; or (b) violation of these Terms or applicable Law in connection with your use of or access to the Services, including any actual or alleged infringement by you, or any person to whom you provide access to the Services, of any intellectual property, proprietary, or privacy rights of any third party. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. We will use reasonable efforts to notify you within a reasonable amount of time after becoming aware of any Claim for which you are required to indemnify any Transplants.org Party and may assume the exclusive defense and control of any such Claim. You agree to cooperate, at your expense, with our defense of such Claims. If we do not assume the defense of any such Claim, you will assume the defense and control of such Claim at your sole cost and expense and using an attorney reasonably acceptable to us; provided that, we may participate, at our sole cost and expense, in such defense with counsel of our own choosing. You may not settle any Claim subject to this Section without our prior written consent.

    9.2 Disclaimer. YOUR USE OF THE SERVICES AND THIRD-PARTY SITES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, TO BE USED ONLY FOR PERSONAL, INTERNAL, AND NON-COMMERCIAL PURPOSES. THE TRANSPLANTS.ORG PARTIES MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES AND THIRD-PARTY SITES, AND EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR VERIFYING ALL OF THE SERVICES BEFORE RELYING ON THEM. WE MAY DISCONTINUE PROVIDING ACCESS TO THE SERVICES OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE OR OPERATION OF THE SERVICES PURSUANT TO THESE TERMS, INCLUDING IMPOSING LIMITS ON CERTAIN FEATURES OF THE SERVICES OR RESTRICTING ACCESS TO THE SERVICES OR YOUR ACCOUNT. NONE OF THE TRANSPLANTS.ORG PARTIES WARRANT THAT: (A) THE SERVICES WILL CONTINUE TO BE PROVIDED OR MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, CURRENT, COMPLETE, OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. THERE ARE NO EQUITABLE INDEMNITIES.

  10. Limitations of Liability

    10.1 Limitations of Liability. NONE OF THE TRANSPLANTS.ORG PARTIES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OF OR THE INABILITY TO USE THE SERVICES OR THIRD-PARTY SITES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM YOUR RELIANCE ON THE SERVICES OR THIRD-PARTY SITES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING CUSTOMER DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING ON ANY THIRD-PARTY SITES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES OR THIRD-PARTY SITES. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THESE TERMS TO YOU, OR ANY PERSON CLAIMING WITH, UNDER, OR THROUGH YOU, FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND, SHALL BE LIMITED TO $100.

    10.2 Exclusions. Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by Law. In such cases, the Transplants.org Parties' liability will be limited to the fullest extent permitted by applicable Law.

  11. Termination

    11.1 Term. These Terms will take effect when you first use the Services or agree to these Terms, for example and without limitation, by clicking "Agree" when such option is provided to you, and will remain in effect until terminated according to these Terms.

    11.2 Termination. We have the right to terminate these Terms, and suspend or revoke your access to all or any portion of the Services, at any time for any reason or for no reason. You may terminate these Terms by discontinuing the use of the Services, or for users or visitors with an Account, by deactivating such Account.

    11.3 Effect of Termination. All definitions and any provisions of these Terms that are intended to survive the termination of these Terms, whether by their nature or express terms, shall survive such termination.

  12. Dispute Resolution

    PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND REMEDIES AGAINST US.

    12.1 Agreement to Arbitrate. This Section 12, titled "Dispute Resolution," is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to these Terms (including the interpretation or any alleged breach thereof), the Services, or any aspect of the relationship between us, shall be resolved exclusively through final, confidential, and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except as set forth in Section 12.8 and 12.9 of this Arbitration Agreement. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TRANSPLANTS.ORG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT.

    12.2 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND TRANSPLANTS.ORG AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TRANSPLANTS.ORG AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF UNDER APPLICABLE LAW, TO THE EXTENT REQUIRED TO ENFORCE THIS PROVISION.

    12.3 Pre-Arbitration Dispute Resolution. Transplants.org is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user's satisfaction by emailing our support team at hello@transplants.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, a notice of dispute ("Notice"). The Notice to Transplants.org must be in writing and sent to 601 Massachusetts Ave NW, Suite 7328, Washington, DC 20001 ("Notice Address"). Transplants.org will use reasonable means to send you a Notice, including by using any contact information that you have provided to Transplants.org. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Transplants.org and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Transplants.org, may commence an arbitration proceeding under this Arbitration Agreement. During the arbitration, the amount of any settlement offer made by Transplants.org or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Transplants.org is entitled.

    12.4 Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with JAMS's ("JAMS") Comprehensive Arbitration Rules & Procedures, ("JAMS Rules") as modified by this Arbitration Agreement. For information on JAMS, please visit its website, https://www.jamsadr.com/. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control, unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable Law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any arbitration hearings will take place in New York County, New York, unless you and Transplants.org otherwise agree that arbitration hearings may take place via remote means or at other locations. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules and the arbitrator shall be empowered to award a prevailing party in any dispute or claim attorneys' fees in accordance with these Terms (including the governing law provided in Section 12.9 below), the Federal Arbitration Act, and JAMS Rules.

    12.5 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

    12.6 Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than in subsection 12.2 titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree: (a) that the remainder of the provisions in these Terms, including the Arbitration Agreement, shall continue in full force and effect; (b) to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the parties; and (c) this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection 12.2 above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for injunctive relief. The remainder of these Terms will continue to apply.

    12.7 Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, Transplants.org agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending a written rejection notice to Transplants.org at the Notice Address within fourteen (14) days of the effective date of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute against us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

    12.8 Excluded Claims. Notwithstanding any other provision in this Arbitration Agreement, either you or we may, without any obligation to bring claims in arbitration: (a) assert individual claims in small claims court, if such claims qualify; or (b) bring issues to the attention of federal, state, or local agencies, and such agencies can, if the Law allows, seek relief against us or you, including on our or your behalf (as applicable). In addition, you acknowledge and agree that your actual or suspected breach of these Terms may cause irreparable injury to us, which may not be adequately compensated by monetary damages. Accordingly, we may seek injunctive or other equitable relief in any court of competent jurisdiction, without any obligation to post any bond, to prevent or remedy any such breach, in addition to seeking any other relief available under these Terms, at law, or in equity.

    12.9 Governing Law; Jurisdiction; Contractual Limitations. These Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions, except as otherwise specifically set forth in Section 12.1. With respect to any disputes or claims not subject to arbitration and brought by you against Transplants.org, including as provided in Sections 12.8(a) and (b), you unconditionally and irrevocably agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York, and waive any objection to such courts, including on the basis of improper venue or inconvenience of the forum. For the avoidance of doubt, the jurisdiction of such courts shall not be exclusive as to any claim that Transplants.org may seek against you, including as provided in Section 12.8. You agree that regardless of any Law to the contrary, any claim or cause of action arising out of or related to the use of these Terms or the Services must be filed within one (1) year after such claim or cause of action arose or will be forever barred.

  13. General Terms

    13.1 Electronic Communications. If you provide us with your contact information, including through your Account, you consent to communicating with us electronically, including via email and through your Account. You agree that: (a) these Terms constitute an agreement between you and Transplants.org under applicable Law; and (b) any notices or other communication regarding your use of the Services may be provided to you electronically (by posting on the Website, by e-mail, and through other electronic formats, including through your Account) and will be considered received upon posting or other distribution. You further agree that electronic communications, including consents and authorizations that you may give, shall satisfy any legal requirements for a writing.

    13.2 Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and Transplants.org or any of Transplants.org's affiliates or licensors. Transplants.org and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other's behalf without the other party's prior written consent.

    13.3 Entire Agreement; Interpretation. These Terms, together with any terms, conditions, notices, or policies referred to in them, constitute the entire agreement between you and Transplants.org with respect to their subject matter, and govern the use of the Services, superseding any prior or contemporaneous agreements or negotiations between Transplants.org and you with respect to that subject matter. The headings used in these Terms are for convenience only and do not effect the interpretation of these Terms. The word "including" and variations of that word, mean "including without limitation," and each variation of a defined term used in these Terms has the meaning the context requires.

    13.4 Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may freely assign or delegate any and all rights and obligations under these Terms without notice to you. These Terms shall inure to the benefit of each party's respective successors and permitted assigns.

    13.5 Waiver and Severability. No waiver by Transplants.org of any term or condition set out in these Terms 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 Transplants.org to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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, replaced with a provision that is valid, legal, and enforceable and that reflects, as closely as possible, the original intent of the parties, and the remaining provisions of the Terms will continue in full force and effect.

  14. Contact Us

    All Feedback, requests for technical support, and other communications relating to the Services, including reports of a violation of these Terms, should be directed to hello@transplants.org, and sent to us at:

    601 Massachusetts Ave NW, Suite 7328
    Washington, DC 20001