Last modified: January 1, 2021

These terms and conditions of use (“Terms of Use”) govern your use of the websites, mobile applications, and associated software owned and controlled by Versiti, including the Versiti.org website, each subdomain of Versiti.org, and the Versiti Donor mobile application (collectively, the “Site”). The terms “Versiti,” or “we,” “our,” or “us,” used throughout this Privacy Policy refer to and include Versiti, Inc., Versiti Blood Research Institute Foundation, Inc., Versiti Illinois, Inc., Versiti Indiana, Inc., Versiti Michigan, Inc., and Versiti Wisconsin, Inc.

Your compliance with these Terms of Use is a condition to your use of the Site. If you are using the Site on behalf of your employer, company, or organization (the “Organization”), you represent and warrant that you have the authority to accept these Terms of Use on behalf of the Organization. If you (and your Organization, if applicable) do not agree to be bound by these Terms of Use, you are not authorized to access or use this Site and you should promptly exit and cease using this Site. The terms “you,” “your,” etc. refers to both you as an individual user and your Organization (if applicable).

BINDING ARBITRATION. These Terms of Use provide that all disputes between you and Versiti that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Agreement to Arbitrate for the details regarding your agreement to arbitrate any disputes with Versiti.

1. Privacy Practices

You agree that information provided by you in connection with the Site shall be governed by our Privacy Policy. Please review our Privacy Policy for a description of our privacy practices.

2. No Medical Advice

The content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. Versiti does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included on the Site. Reliance on any information appearing on the Site, whether provided by Versiti, its content providers, its clients, visitors to the Site or others, is solely at your own risk.

3. Ownership of the Site

All pages within this Site and any material made available for download are the property of Versiti, or its licensors or suppliers, as applicable. The Site and the materials and information on the Site are protected by United States and international copyright and trademark laws. The contents of the Site, including, without limitation, all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Versiti. Any use of Content that is not in accordance with these Terms of Use is strictly prohibited. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content, or other proprietary information (including images, text, page layout, or form) of Versiti without our express written consent.

4. Limited License

Versiti hereby grants you the right to view and use the Site subject to these Terms of Use. You may download and/or print copies of information provided in the Site for your personal, non-commercial use only. You hereby agree that you will not reverse engineer, break into the Site, or use materials from the Site to violate the law. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from Versiti.

5. No Users Under 13 Years Old

In order to access the Site, you represent and warrant that you are older than 13 years old. If you are under the age of 13, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 13, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 13, please contact us at privacyofficer@versiti.org or call us at (414) 937-6418.

6. Site Access, Security, and Restrictions; Passwords

If you create a Versiti account through the Site or with Versiti for use on the Site, you agree to fully, accurately, and truthfully create your account, including but not limited to providing your name, mailing address, phone number, email address, and password. Your account credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your account credentials, and for all activities that occur under your Versiti account or using your Versiti account credentials. You agree to prohibit anyone else from using your Versiti account credentials and agree to immediately notify Versiti of any actual or suspected unauthorized use of your Versiti account or other security concerns of which you become aware. Your access to the Site may be revoked by Versiti at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use, or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or bypass other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Versiti will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

7. Donation Acceptance

We shall have the right to refuse or cancel any donations placed for any reason, whether or not the donation has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the donation and your donation is canceled, we shall promptly issue a credit to your credit or debit card account in the applicable amount.

8. Ordering and Purchasing on the Site

Accuracy and Integrity of Information

Although Versiti attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site or the Content. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Versiti so that it can be corrected. Versiti reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Versiti shall have no responsibility or liability for Content posted to the Site from any non-Versiti affiliated third party.

Typographical Errors and Incorrect Pricing

In the event of any incorrect pricing due to typographical error or error in pricing information received from third parties on our Site, we shall have the right to refuse or cancel any orders placed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method has been charged. If your payment method has already been charged and your order is canceled, we shall promptly issue a credit to your original payment method in the amount of the incorrect price.

Order Acceptance and Shipment

Your placement of an order does not necessarily ensure that we will accept your order. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your accounts on the Site may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be able to place an order until your payment method is authorized and you will not be charged until the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified through our credit and fraud avoidance practices. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment method has been charged, we will issue a credit to you in the amount of the charge to your original form of payment.

Quantity Limits

Versiti reserves the right, at our sole discretion, to limit the quantity of purchases through the Site. We will provide notification if such limits are applied.

Online Payments

You can make purchases and donations on the Site. We accept credit and debit cards issued by U.S. banks. You and Versiti agree that the payment method you submit may be used automatically by Versiti or its payment processors for any of your responsibilities for payment. If a credit card account is being used for a transaction, Versiti may obtain preapproval for an amount up to the amount of the payment.

You represent and warrant that if you are making online payments that (i) any credit card, debit card, and bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to complete transactions with the relevant credit or debit card and credit or debit card information. If Versiti is unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, Versiti may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from Versiti with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use.

9. Consent to Receive Calls and Text Messages

By providing your mobile number, you are agreeing to be contacted by or on behalf of Versiti at the mobile number you have provided, including calls and text messages, to receive informational messages and communications relating to Versiti and the Site. Message and data rates may apply. To stop receiving text messages text the word STOP in response to any text message you receive. We may confirm your opt out by text message. Please note, that by withdrawing your consent, certain Versiti information may no longer be available to you or provided to you. If you believe you have received a call or text message from us that you did not subscribe to, in addition to opting out, you may contact us as described at the end of these Terms of Use.

10. Export Policy and Restrictions

You agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold harmless Versiti and its affiliates for any and all claims, demands, damages, costs, fines, penalties, attorneys’ fees, and all other expenses arising from your failure to comply with this provision and/or applicable export control, anti-boycott, or economic sanctions laws and regulations

11. Links to Other Sites

Versiti makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Versiti website, please understand that it is independent from Versiti, and that Versiti has no control over the Content on that website. In addition, a link to a non-Versiti website does not mean that Versiti endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.

12. Disclaimer of Warranties

THE SITE AND ALL OF ITS CONTENTS AND INFORMATION AND ANY SITE-RELATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WHILE WE TRY TO KEEP THE INFORMATION ON THE SITE AS ACCURATE AS POSSIBLE, WE DISCLAIM ANY WARRANTY REGARDING ITS ACCURACY, TIMELINESS, COMPLETENESS, QUALITY, OR ACCURACY FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR GUARANTEE THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY FOR USING THE SITE, SITE-RELATED SERVICES, THE INFORMATION ON THE SITE, AND LINKED WEBSITES, AND YOU UNDERSTAND AND AGREE THAT VERSITI, ITS AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE RESULTING FROM SUCH USE BY YOU OR ANY OTHER USER.

VERSITI DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD THROUGH THE SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. VERSITI DOES NOT WARRANT THAT FILES OR MATERIAL UPLOADED BY YOU OR ANY OTHER USE THROUGH OR TO THE SITE WILL BE AVAILABLE, ACCURATE, COMPLETE, OR FREE FROM ERRORS. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

PRODUCTS OR SERVICES OFFERED, SOLD, AND/OR DISTRIBUTED BY VERSITI MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS AND SEPARATE WARRANTY TERMS, IF ANY, WILL BE PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

13. Limitation of Liability Regarding Use of Site

VERSITI SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES. VERSITI AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR LINKED WEBSITES, IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF VERSITI TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS FIVE HUNDRED DOLLARS ($500). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS OR CLAIMS THAT LIMIT THE EFFICACY OF THE LIMITATIONS ON VERSITI’S LIABILITY AND THE INDEMNIFICATIONS AND/OR RELEASES SET FORTH IN THESE TERMS OF USE.

14. Indemnification

You agree to indemnify, defend, and hold harmless Versiti, its affiliates, officers, directors, employees, third party licensors, contractors, and agents (the “Indemnitees”) from and against all third party claims, losses, expenses, damages, and costs, including, without limitation, lost wages, revenue, or business and reasonable attorneys’ fees, expert fees, and court costs, against or incurred by the Indemnitees arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access to the Site by anyone using your user ID and password.

15. Dispute Resolution; Agreement to Arbitrate

We will try work in good faith to resolve any issue you have with the Site, including donations and purchases made through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to an individual’s satisfaction.

You and Versiti agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including donations and purchases made through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Versiti are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Versiti.

If you desire to assert a claim against Versiti, and you therefore elect to seek arbitration, you must first send to Versiti, by certified mail, a written notice of your claim (“Notice”). The Notice to Versiti should be addressed to: Versiti, Inc., 638 North 18th Street, Milwaukee, Wisconsin 53233, Attention: Legal Notices (“Notice Address”). If Versiti desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Versiti, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Versiti and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Versiti may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Versiti or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Versiti receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Versiti and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. 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. If the arbitrator issues you an award that is greater than the value of Versiti’s last written settlement offer made before an arbitrator was selected (or if Versiti did not make a settlement offer before an arbitrator was selected), then Versiti will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND VERSITI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Versiti agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect, and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for located in and for Milwaukee, Wisconsin in accordance with Wisconsin law, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

16. Availability

The Site is made available at the sole discretion of Versiti. Versiti reserves the right to modify, withdraw, suspend, or discontinue, either temporarily or permanently, any functionality or feature of the Site or any part thereof without notice. Versiti is not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier and is not responsible for maintaining information arising from use of the Site. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site in accordance with our internal record retention or destruction policies.

17. No Liability for Select Third Parties

Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Site. Versiti, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Site or your use or possession thereof, including, but not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Select Third Parties’ terms and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (D) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF USE. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Site or your possession and use of the Site infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

18. Revisions; General

Versiti’s failure to enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Versiti nor trade practice shall act to modify any provision of these Terms of Use. Versiti reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. The provisions of these Terms of Use are severable. In the event that any provision hereof is held to be invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between Versiti and users of the Site. Versiti reserves the right to modify these Terms of Use in its sole discretion. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Use constitutes your agreement to the revised Terms of Use. All rights not expressly granted by these Terms of Use are reserved by Versiti.

How to Contact Us:

Versiti, Inc.
638 North 18th Street
Milwaukee, Wisconsin 53233
Attention: Privacy Officer

Telephone: (414) 937-6418
Email: privacyofficer@versiti.org

These Versiti Terms & Conditions for Affiliates (collectively referred to as the “Agreement”) are by and between you and Versiti, Inc. and apply to your participation in the Versiti Affiliate Program (the “Program”) as administered with assistance from Versiti’s third-party provider, Impact Tech, Inc. (“Impact”).  This Agreement is effective as of the date Versiti accepts your application into the Program and sets forth the terms and conditions governing your participation in the Program.

THIS IS A LEGALLY BINDING AGREEMENT. BY COMPLETING AND SUBMITTING THE ONLINE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

Program Overview:  The goal of the Program is to foster a culture of community involvement by empowering individuals to participate in blood-donation efforts.  With help from Program participants (“Affiliates”), Versiti aims to enhance the overall health and resilience of the community through collective action.

Program Sponsor: Versiti, Inc., 638 North 18th Street, Milwaukee, Wisconsin 53233. (“Sponsor,” “Versiti,” “we”).

Program Administrator:  Impact Tech, Inc., 223 E. De La Guerra Street, Santa Barbara, California 93101 (“Impact”).

Eligibility:  The Program is open to legal residents of Illinois, Indiana, Michigan, Ohio, and Wisconsin who are 18 years of age or older at the time of participation.  The following are not eligible to participate in the Program: (i) employees, officers, directors, agents, independent contractors, and representatives of Sponsor and its respective parents, affiliates, subsidiaries, wholesalers, retailers, distributers, advertising, and promotion agencies; (ii) senior leadership of entities or organizations with contractual agreements in place with Versiti for blood-related products or services, as well as employees of such entities or organizations who had or have responsibility for negotiating such contractual agreements; and (iii) the immediate family members (mother, father, sister, brother, husband, wife, daughter, son, step-father, step-mother, step-daughter, step-son, step-brother, step-sister, half-brother, half-sister) and/or those living in the same household of any persons under (i) and (ii) above.  The Program is subject to all applicable federal, state, and local laws and regulations. Void where prohibited or restricted by law or regulations.  Participation constitutes entrant’s full and unconditional agreement to this Agreement and Sponsor’s decisions, which are final and binding in all matters related to the Program.

Creating an Affiliate Account: To participate as an Affiliate in the Program, eligible individuals must first register and create a Program account. Please visit the Program webpage at www.versiti.org/affiliate, locate the registration link, and complete and submit the registration form.

Promoting the Affiliate Program: Once an account has been established, Versiti will make available to you, as an Affiliate in the Program, a personal link (“Link”) that you may promote to family, friends, and members of the community, subject to the terms and conditions of this Agreement. The Link will establish a link from your online presence (including but not limited to email communications, online forums, social media posts) to a Versiti webpage where individuals may sign up for an appointment to donate blood. From time to time, Sponsor may offer certain promotions in connection with the Program. As described below in Program Rewards, Affiliates will receive a reward if a qualifying donor uses your Link to schedule an appointment and donates blood in connection with a Program promotion.

As an Affiliate, you will also receive access to certain Versiti materials, such as trademarks, logos, brochures, graphics, and similar materials relating to Versiti (“Licensed Materials”), that you may use to promote the Program. By receiving access the Links and Licensed Materials, you agree to cooperate fully with Versiti to maintain the proper usage of Links and Licensed Materials. To this end, you agree:

• to not alter Links (or their content) or Licensed Materials in any way unless Versiti provides express permission to do so;
• to display in your online presence only those Links and Licensed Materials that are provided by Versiti and to substitute such images or content with any new or updated images or content that we provide from time to time throughout the term of this Agreement;
• to promote only those Versiti promotions that Versiti makes available to you through the Program;
• to not promote any promotions or any other information generated by or relating to Versiti (regardless of origination of such information) prior to the date and/or time identified by Versiti as the start date/time for the posting of such information; and
• to comply with our requirements for removing Links and Licensed Materials on a timely basis. Any Links or Licensed Materials relating to promotions with an expiration date or that are time sensitive must be removed from your online presence upon expiration of the promotion or time period. Failure to remove expired Links or Licensed Materials may lead to your termination as an Affiliate, in Versiti’s sole discretion.

By participating as an Affiliate, you further agree that the nature and quality of all your communications and posts made in connection with this Agreement and all Program-related promotions will conform to high standards of quality and will not impugn the goodwill of Versiti. You agree not to use the Licensed Materials or engage in online behavior that is disparaging or that otherwise portrays Versiti in a negative light. You further agree that any communications or posts made in connection with this Program will not contain any content, or links to such material, that is in any way unlawful, harmful, threatening, harassing, defamatory, obscene, discriminatory, racist, sexist, or violent. Communications or posts that include such impermissible content or that, in Versiti’s sole discretion, to not reflect the intent and spirit of the Program, may result in the Affiliate’s termination from the Program.

Affiliate Program Disclosure Requirement: While Versiti encourages Affiliates to share their Link with their social networks, PLEASE NOTE that, pursuant to FTC requirements, you must clearly and conspicuously identify yourself as an Affiliate in all correspondence and in all online posts where the Link is included. Specifically, you must include a clear and conspicuous disclosure within any and all pages, blog/posts, emails, or other online communication where you include the Link so that a reader or consumer understands that you are posting as part of the Affiliate Program and that, if a reader or consumer were to sign up to donate blood via your Link, both you and the consumer may receive a benefit or reward (for example, a gift card). You understand and agree that any messaging in contravention of this requirement may result in your immediate termination and removal from the Program.

The disclosure must comply with FTC guidelines. To this end, disclosures: (i) must be made as close as possible to the Link (i.e., readers should not have to scroll to find the disclosure); and (ii) must be made on each page containing the Link or referencing Versiti. While no specific language is required, the disclosure should clearly disclose that:

1. You are participating in Versiti’s Affiliate Program; and
2. Both the donor and you may receive a reward if the donor uses your Link to schedule an appointment and donates blood.

FTC requirements are subject to change over time, and it is your responsibility to review and comply with current guidelines.  Please review the FTC’s Dot Com Disclosures Guidelines at https://www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; the FTC’s Disclosures for Social Media Influencers: Guidelines at https://www.ftc.gov/business-guidance/resources/disclosures-101-social-media-influencers; and the FTC’s Endorsement Guidelines at https://www.ftc.gov/business-guidance/advertising-marketing/endorsements-influencers-reviews.

Social Media Requirements and Restrictions: In addition to including the above disclosure in each online communication made in connection with the Program, you must also adhere to any advertising requirements imposed by the social media sites, blogs, online boards, or other online platforms on which you communicate about the Program. Certain social media sites – such as LinkedIn – may prohibit Program-related posts. Accordingly, no Program-related posts may be made on LinkedIn.

It is your responsibility to review and comply with any published rules, restrictions, or guidelines relating to the advertising of promotions that may be applicable to the social media sites, blogs, online boards, or other online platforms on which you choose to publish your Link. Please review any such rules, restrictions, or guidelines before posting.

You further agree that you will not use any form of mass email communication (“spam”) software or tool for any purpose related to this Agreement, and that any email generated by you will conform in all respects with all applicable local, state, and federal laws, regulations, and rules, including the CAN-SPAM Act.

Program Rewards:  From time to time, as part of the Program, Versiti may offer various promotions to encourage members of the community to donate blood. The basic structure of the promotions will be as follows:

1. Once registered as a Versiti Affiliate, the Affiliate will receive a unique Link.
2. Versiti will provide information to the Affiliate regarding a particular promotion, including the promotional period and criteria for qualifying donors.
3. Affiliate may encourage friends, family, colleagues, and others to donate at Versiti by signing up for a blood donation using the Affiliate’s Link.
4. Versiti and Impact will track appointments scheduled by qualifying donors using Affiliate’s Link during the promotional period.
5. If a qualifying donor makes and keeps his or her scheduled donation during a stated promotional period, the qualifying donor will receive a reward.
6. In addition, the Affiliate will receive a reward made by qualifying donors during a stated promotional period.

Affiliates may use social media, emails, or comparable means to encourage friends, family, colleagues, and others to schedule blood donation appointments using their Links. However, in no circumstance may compensation be offered or suggested for using the Links. By way of example, but without limitation, Affiliates may not offer cash, run a sweepstakes or contest, pay for referrals, or use any similar means to encourage others to use their Link to make a blood donation appointment.

In the event that an Affiliate receives rewards in excess of $600 in a single calendar year, the Affiliate’s social security number or taxpayer I.D. will be required in order to issue a Form 1099-MISC showing the approximate retail value of awards as income to the Affiliate.

Program Administration: Versiti will provide each Affiliate with a unique Link and access to Licensed Materials. Versiti will be responsible for: (i) scheduling and processing blood donation appointments made by persons who use your Link; and (ii) tracking the number of blood donation appointments generated by your Link. All determinations of qualifying blood donations and whether a reward has been earned by the Affiliate will be made by Versiti in consultation with Impact and will be final and binding.

In the event you fail to abide by the terms set forth in this Agreement governing the use of the Link and Licensed Materials or participation in the Program, Versiti retains the right to reduce the rewards provided, to not provide the rewards, or to terminate your participation in the Program. Versiti is not required to provide any reward for blood donations erroneously associated with your Link.

Use of Licensed Materials: VERSITI GRANTS AFFILIATES A NONEXCLUSIVE, NONTRANSFERABLE, REVOCABLE RIGHT DURING THE TERM OF THE PROGRAM TO ACCESS A VERSITI BLOOD DONATION PAGE THROUGH THE PROVIDED LINK SOLELY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND TO USE THE APPLICABLE LICENSED MATERIALS FOR THE SOLE PURPOSE OF ENCOURAGING BLOOD DONATIONS AT VERSITI FACILITIES OR MOBILE BLOOD DRIVES. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT PERMISSION FROM VERSITI. WE RESERVE ALL OF OUR RIGHTS IN THE LICENSED MATERIALS. YOU ACCEPT THESE RIGHTS AND LICENSES SUBJECT TO THE TERMS AND CONDITIONS IN THIS AGREEMENT.

You acknowledge Versiti’s ownership in its Licensed Materials and agree that you will not do anything inconsistent with Versiti’s ownership and that all of your use of the Licensed Materials will inure to the benefit of and be on behalf of Versiti. You agree that nothing in this Agreement gives you any right, title, or interest in the Licensed Materials other than the right to use the Licensed Materials in accordance with this Agreement. You may use the Licensed Materials only to the extent that you remain an Affiliate in good standing of the Program. We may revoke your license at any time in our sole discretion, by terminating the relationship between you and Versiti or by terminating the Program. If we give you such notice, you must immediately discontinue all use of the Licensed Materials.

Termination and Modifications: Your account will automatically be removed after a 365 days of inactivity.

Versiti may terminate this Agreement or the Program immediately at any time, without cause and for any reason. Upon termination, Versiti will provide rewards owed to you (if any) following notice of the Agreement’s or Program’s termination.

Versiti may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion by providing you notice or by offering new terms and conditions. Modifications may include, but are not limited to, changes in the scope of promotions or available rewards and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program by accepting new or updated terms and conditions will constitute binding acceptance of the change.

Relationship of Parties: Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.  You will have no authority to make or accept any offers or representations on Versiti’s behalf.

Limitation of Liability: BY PARTICIPATING IN THE PROGRAM, YOU AGREE TO RELEASE AND HOLD HARMLESS VERSITI, IMPACT, AND THEIR DEALERS AND RETAILERS, AFFILIATES, SALES REPRESENTATIVES, AGENCIES, WHOLESALERS, DISTRIBUTORS AND PROMOTIONAL AND OTHER VENDOR AGENCIES INVOLVED IN THE PROGRAM, THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, SERVICE AGENCIES, INDEPENDENT CONTRACTORS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY OF THE ABOVE ORGANIZATIONS (“RELEASEES”) FROM ANY INJURY, LOSS, OR DAMAGE TO PERSON, INCLUDING DEATH, OR PROPERTY DUE IN-WHOLE OR IN-PART, DIRECTLY OR INDIRECTLY, TO PARTICIPATION IN ANY PROGRAM-RELATED ACTIVITY OR PARTICIPATION IN THE PROGRAM.

DISPUTES/CHOICE OF LAW: EACH AFFILIATE AGREES THAT (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS PROGRAM, OR ANY REWARDS OFFERED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY JUDICIAL PROCEEDING SHALL TAKE PLACE IN A FEDERAL OR STATE COURT IN WISCONSIN; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO THE TOTAL REWARDS OFFERED UNDER THIS AGREEMENT TO YOU, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, AS WELL AS ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS, OR THE RIGHTS AND OBLIGATIONS OF AFFILIATE AND THE SPONSOR IN CONNECTION WITH THIS PROGRAM, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WISCONSIN, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS OF ANY OTHER JURISDICTION THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF WISCONSIN.

Indemnification: By participating in the Program, you agree to indemnify, defend, and hold harmless Releasees against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees (“Losses”) insofar as such Losses, or actions in respect of Losses, arise out of or are based on any misrepresentation by you or any breach of this Agreement made by you.

Privacy: The personal information collected from Affiliates in connection with the Program and from donors in connection with promotions associated with the Program will be used and disclosed by Versiti in accordance with Versiti’s privacy policy (available at https://versiti.org/versiti-privacy-policy), which is incorporated herein by reference. Participants understand that participants’ personal information may be shared with third-party suppliers.

Assignment: Affiliates may not assign or transfer this Agreement, their Links, or their participation in the Program. Versiti can assign or transfer this Agreement at any time.

Independent Investigation: You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

The Versiti 2025 New Donor Promotional Offer (the “Offer”) is open to individuals participating in the Versiti Affiliate Program (“Affiliates” in the “Program”). To become an Affiliate, please register at Versiti.org/Affiliate to receive your unique link (the “Link”) through which family, friends, colleagues, and others may sign up for an appointment to donate blood at a Versiti facility or blood drive. Participation in the Program is subject to terms and conditions available at Versiti.org/Affiliate Additional information about the Program is available at [Versiti.org/Affiliate].

SPONSOR: Versiti, Inc., 638 North 18^th Street, Milwaukee, WI 53233.

OFFER PERIOD: The Offer expires on [May 1st, 2025], or when a total amount of [400] of e-gift cards have been allocated to Affiliates and New Donors (defined below) by Sponsor (as posted at [Versiti.org/Affiliate]), whichever occurs first.

HOW TO PARTICIPATE: Affiliates may share their Links with family, friends, colleagues, and others pursuant to the terms and conditions of the Program. New Donors (i) who sign up for a blood donation during the Offer Period using an Affiliate’s Link, and (ii) who keep their appointment will receive a $10 Tango® e-gift card. In addition, the Affiliate whose Link the New Donor used to schedule the appointment will also receive a $10 Tango® e-gift card.

E-gift cards may be redeemed at a Tango-approved vendor. A list of Tango-approved vendors and e-gift card terms and conditions are available at [Versiti.org/Affiliate].

A New Donor is defined to include any eligible person, 18 years of age or older, who has either (i) never donated blood previously at a Versiti location, or (ii) has not donated blood at a Versiti location in the past [5] or more years. Prior donor history will be based on Sponsor’s internal records. To be an eligible New Donor, individuals must meet the minimum qualifications to donate. (Please visit Versiti.org for donor requirements.)

Both the New Donor and the Affiliate must have valid email addresses on file with Versiti to receive the Offer. E-gift cards will be provided by Sponsor via email to the email addresses provided by the New Donor at time of donation and by the Affiliate when registering for the Program. Please allow [10] business days after the New Donor’s donation for email delivery of the e-gift cards to the Affiliate and the New Donor. Offer cannot be combined with any other offers or promotions administered by Sponsor. E-gift cards subject to terms and conditions. E-gift cards are non-transferable, and no cash-outs will be provided. No substitutions of e-gift cards unless determined in the sole discretion of the Sponsor. All taxes on e-gift cards and all costs and expenses not specified herein are the sole responsibility of the Affiliates and New Donors.

PUBLICITY AND MARKETING: Except where prohibited by law, acceptance of the e-gift card constitutes participant’s consent to Sponsor’s use of participant’s name, biographical data, and likeness for advertising, promotion, or marketing purposes, as permitted by law, without additional notice, compensation, or consent.

RELEASE OF LIABILITY: BY PARTICIPATING IN THIS OFFER, PARTICIPANT AGREES TO RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, PROMOTIONAL AND SERVICE AGENCIES, INDEPENDENT CONTRACTORS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF ANY OF THE ABOVE ORGANIZATIONS (THE “RELEASED PARTIES”) FROM ANY INJURY, LOSS, OR DAMAGE TO PERSON, INCLUDING DEATH, OR TO PROPERTY DUE IN-WHOLE OR IN-PART, DIRECTLY OR INDIRECTLY, TO THE ACCEPTANCE OR USE/MISUSE OF THE E-GIFT CARD, PARTICIPATION IN ANY OFFER-RELATED ACTIVITY, OR PARTICIPATION IN THE OFFER.

VERSITI AFFILIATE PROGRAM: The terms of this Offer is also governed by the Terms & Conditions of the Versiti Affiliate Program (the “Affiliate T&Cs”), which are incorporated herein by reference. In the event of any conflict between these Terms & Conditions and the Affiliate T&Cs, the Affiliate T&Cs shall govern.

PRIVACY:  The personal information collected from you in connection with the Offer will be used and disclosed by Versiti in accordance with Versiti’s privacy policy (https://versiti.org/versiti-privacy-policy), which is incorporated herein by reference.