Privacy Policy

Nevada Donor Network 

Terms of Use and Privacy Policies 

Effective as of: 10/4/20 

These terms (“Terms”) apply to the website and services (“Service(s)”) provided by Nevada Donor Network or  its affiliates (“Nevada Donor Network,” “we,” “us,” “our”) and describe your rights and obligations in connection  with the Service and how we collect, process, and use your personal information when you use our Services.  We are committed to maintaining your trust, and we want you to understand how we use your information, and  when and with whom we may share the information we collect. 

  1. Terms Generally 

Please read these Terms carefully. By accessing, reviewing, downloading, or otherwise using the Services, you  indicate that you have read, understood and agree to these Terms. If you do not want to agree to these Terms,  then you must not access or use the Services. Each time you visit the Services, you consent to the collection,  use, disclosure, and processing of personal information in accordance with these Terms. If you provide any  personal information that relates to another person, you hereby state and agree that you have obtained proper  consent from such person for the collection, use, disclosure, and processing of such personal information as  described in these Terms. 

The Services are offered and available to users who are 18 years of age or older and reside in the United States  or any of its territories or possessions. By using our Services, you represent and warrant that you are of legal  age to form a binding contract with us, and if you are acting on behalf of another person, that you have the legal  power and authority to do so. If you are under the age of 18, you may only access and use the Services with the  consent and help of your parent or guardian. If you do not meet these requirements, please do not access or  use our Services.  

We reserve the right to change these Terms from time to time and in our sole discretion, except where prior  notice or consent is required by law, and we regularly review and update these Terms. If we make a material  change to our Terms, we will provide notice to you (by email or by posting on our website). By continuing to  access or use the Services after those changes become effective, you agree to be bound by the revised Terms.  We encourage you to periodically review these Terms to be informed of your rights, obligations, and how we are  protecting your information. The date these Terms were last revised is at the top of this page. 

  1. Your Use of the Services 

You are solely responsible for making all arrangements necessary for you to access our Services, including  having appropriate internet access and other equipment or utilities. To access our Services or some of the  resources it offers, you may be asked to provide certain registration details or other information, which may  include your personal information. All the information that you provide must be correct, current, and complete.  You agree that all information you provide to register with our Services or otherwise is governed by these Terms,  and you consent to all actions consistent with these Terms that we may take with respect to your information.  

You may have the opportunity to create an account on or through the Services. If you choose, or are provided  with, a username, password, or any other access credentials or information as part of our security procedures  in order to access the Services or other resources offered through our Services, you must treat such information  as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of  any unauthorized access to or use of your account or access credentials, or any other breach of security of which  you may become aware. You are responsible for all submitted content and activity through your account. We  have the right to disable any username, password, or other identifier, whether chosen by you or provided by us,  at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision  of these Terms.

You agree to comply with all applicable laws and regulations regarding your access to and use of the Services.  You represent and warrant that you have the right to provide and use all information, content, and data that you  provide to the Services. You shall not use the Services, directly or indirectly: (a) in any way that violates any  applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding  the export of data or software to and from the U.S. or other countries); (b) for the purpose of exploiting, harming,  or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for  personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re 

use any material that does not comply with these Terms or to post, transmit or disseminate objectionable content,  including, content that is obscene, threatening, defamatory, encourages unlawful behavior, or infringes upon the  intellectual property or other rights of any third party; (d) to transmit, or procure the sending of, any “junk mail,”  “chain letter,” “spam,” or any other similar solicitation; (e) to impersonate or attempt to impersonate Nevada  Donor Network, a Nevada Donor Network employee, another user, or any other person or entity (including,  without limitation, by using email addresses associated with any of the foregoing); (f) to engage in any other  conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may  harm Nevada Donor Network or users of the Services, or expose them to liability, including to knowingly disrupt  the Services, or to introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material; (g) to  inappropriately harvest or otherwise collect information about others, without their consent; (h) to attempt to gain  unauthorized access to Services or to other’s devices, accounts, systems, or networks; (i) to copy, duplicate,  distribute, modify, adapt, hack, create derivative works, reverse engineer, or decompile any part of the Services;  (j) for timesharing purposes; or (k) to sell, resell, lease, license, sublicense, distribute, provide, disclose, exploit  or otherwise grant access or make any part of the Services available to any third parties. You shall not remove,  obscure, or alter any confidentiality legends or other intellectual property or proprietary notices affixed to, or  contained within, any part of the Services. 

III. Online Materials and Trademarks 

Our Services and all of the content featured on our Services, including its text, software, logos, trademarks,  service marks, trade names, images, artwork, photos, illustrations, the “look and feel” of the Services, audio and  video clips, music, and other content and materials (“Online Material(s)”) are owned by Nevada Donor Network,  our affiliates, or our or their licensors and are protected by intellectual property and applicable laws. Subject to  compliance with these Terms, we hereby grant to you a limited, non-exclusive, non-transferable, non 

sublicensable right to access and use our Services solely for your personal, non-commercial purposes. You are  not granted any rights in or to the Service and its contents, other than the limited right to use the Service  according to these Terms, and all rights not expressly granted are reserved by us. The Nevada Donor Network  name and logo and all related trademarks, service marks, logos, product and service names, designs, and  slogans are trademarks of Nevada Donor Network, its affiliates, or its or their licensors. All other names, logos,  product and service names, designs, and slogans on this Services are the trademarks of their respective owners.  You may not use any trademarks or other marks or branding on our Services without the prior written permission  of the appropriate owner. 

  1. Disclaimer 

THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE  SERVICE IS AT YOUR SOLE RISK. NEVADA DONOR NETWORK DISCLAIMS ALL WARRANTIES OF ANY  KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND  ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND  NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON  WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY  RELATING TO YOUR USE OF THE SERVICES SHALL BE TO DISCONTINUE USING THE SERVICES. 

  1. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL NEVADA DONOR NETWORK, ITS  AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,  CONTRACTORS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS BE LIABLE TO YOU OR ANY  THIRD PARTY FOR (A) ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICES,  INCLUDING ANY BODILY INJURY, HARM, LOSS OF LIFE, OR IMPAIRMENT TO HEALTH OR WELLBEING  THAT MAY ARISE OUT OF OR RESULT FROM THE USE OF, OR FAILURE TO USE, THE SERVICES; (B)  LOST REVENUES OR PROFITS; (C) DELAYS, INTERRUPTION, OR LOSS OF SERVICES, BUSINESS,  REPUTATION, OR GOODWILL; (D) LOSS OR CORRUPTION OF DATA; (E) LOSS RESULTING FROM  SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; (F) FAILURE TO  ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; (G) FAILURE TO UPDATE OR PROVIDE  CORRECT INFORMATION; (H) SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT  COMPATIBILITY INFORMATION; (I) BREACHES IN SYSTEM SECURITY; (J) ANY ERRORS OR OMISSIONS  IN THE SERVICES; (K) YOUR RELIANCE ON ANY SERVICES OR CONTENT; OR (L) DIRECT, INDIRECT,  INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS,  LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY  LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICES, YOUR USE OF THE  SERVICES, OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE  REMEDY FOR DISSATISFACTION WITH THE SERVICES OR CONTENT IS TO CEASE ALL OF YOUR  ACCESS TO AND USE OF THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW  THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES OR  JURISDICTIONS, THE LIABILITY OF NEVADA DONOR NETWORK SHALL BE LIMITED IN ACCORDANCE  WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. 

  1. Indemnification 

You agree to defend, indemnify, and hold harmless Nevada Donor Network, its affiliates, licensors, and service  providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers,  successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs,  expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these  Terms or any representation or warranty contained herein; (b) your use of the Services and your use of any third 

party services or content through the Services; (c) your violation of any third party right, including without  limitation any intellectual property or privacy rights; or (d) your violation of applicable law in connection with the  use of our Services. Nevada Donor Network reserves the right, in its discretion, to assume the exclusive defense  and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with  Nevada Donor Network in asserting any available defenses, and you will reimburse Nevada Donor Network for  all costs incurred in its assumption of the defense. 

VII.Governing Law and Venue 

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto  (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance  with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule  (whether of the State of Nevada or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or  related to, these Terms or the Services shall be subject to the exclusive jurisdiction of the appropriate courts  located in the state of Nevada. You hereby waive any and all objections and irrevocably and unconditionally  consent to jurisdiction in such courts and venue. 

VIII. Monitoring and Enforcement 

We have the right, but not the obligation, to monitor the Services. We have the right to take appropriate legal  action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of our  Services. We also reserve the right at all times to disclose any information as we deem necessary to satisfy any  applicable law, regulation, legal process or governmental request, or to refuse to post or to remove any  information or materials, in whole or in part, in our sole discretion. YOU WAIVE AND HOLD US HARMLESS 

FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS  INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY  EITHER US OR LAW ENFORCEMENT AUTHORITIES. We assume no liability for any action or inaction  regarding transmissions, communications, or content provided by you or anyone else. We have no liability or  responsibility to anyone for performance or nonperformance of the activities described in this Section. 

  1. Making a Donation or Purchase 

If you wish to make a donation or to purchase any item or service through the Services, you may be asked to  supply certain information relevant to your transaction including, without limitation, your credit card number, the  expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND  WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT  METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION THROUGH THE SERVICES. You further  represent and warrant that (a) the credit card or other payment information that you provide is accurate and  complete, (b) charges incurred by you will be honored by your credit card company or other payment institution,  and (c) you will pay charges incurred by you at the posted prices, including shipping and handling, and applicable  taxes. You acknowledge and agree that we may use third-party payment processors, or other third-party service  providers, in order to process your payment information. By submitting information for your services request, you  grant to Nevada Donor Network the right to provide such information to third parties for purposes of facilitating  the completion of the transaction initiated by you or on your behalf. Payment is subject to validation and  authorization by both the card issuer/credit company or payment processor and Nevada Donor Network to  maintain security and to prevent fraud. 

  1. Termination and Survival 

You may terminate these Terms by discontinuing your use of the Service and deleting all versions of the Service  and its content that you may have downloaded. Nevada Donor Network may terminate these Terms and  discontinue the Service or portions thereof at any time without notice, which Nevada Donor Network may do in  its sole discretion. In addition, these Terms will terminate immediately and automatically without any notice if you  violate any of the terms and conditions of these Terms. Upon termination, all rights granted to you under these  Terms will also terminate, and you must cease all use of the Services. Termination will not limit any of Nevada  Donor Network’s rights or remedies at law or in equity. Sections I, III, IV, V, VI, VII, and X through XXV shall  survive any termination or expiration of these Terms. 

  1. Information Posted on the Services and Third-Party Websites and Materials 

The information and resources, including but not limited to forms and documents, presented on or through our  Service are made available solely for general education and information purposes. We do not warrant the  accuracy, completeness, or usefulness of this information or any resources. We disclaim all liability and  responsibility arising from any reliance placed on such materials by you or any other visitor to our Services, or  by anyone who may be informed of any of its contents. 

Our Services may include content provided by third parties, including materials provided by other users and third party licensors or links to other third-party sites that are not owned or controlled by Nevada Donor Network.  Nevada Donor Network is not responsible for the statements, practices, or other content of such other sites and  third parties outside of our Services. These materials do not necessarily reflect our opinion. We are not  responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third  parties. We encourage you to review the terms and privacy statements of websites and resources that you  choose to visit from our Services so that you can understand your rights and obligations for those third-party  websites and how those websites collect, use and share your information.

XII.Submitting Feedback and Materials to Us 

All comments, feedback, suggestions, ideas for services, and similar submissions disclosed, submitted or offered  in connection with your use of the Services (collectively, “Feedback”) shall be the exclusive property of Nevada  Donor Network. By submitting Feedback, you hereby assign to Nevada Donor Network all worldwide rights, titles  and interests in and to the Feedback and all copyrights and other intellectual property rights therein. You hereby  waive all moral rights in any Feedback in favor of Nevada Donor Network. Nevada Donor Network shall not be  limited in any way in its use, commercial or otherwise, of any Feedback, and may use, or decline to use, any  Feedback without further obligation or payment to you. You are and shall remain solely responsible for the  content of any Feedback you offer or submit.  

You may have the opportunity to share your story through our Services by providing to us or to others certain  information, materials, stories, comments, experiences, photographs, reviews, or other content (“User  Content”). You are solely responsible for your User Content and the consequences of submitting your User  Content to Nevada Donor Network for sharing with others or publishing, including but not limited to the legality,  reliability, accuracy, and appropriateness of your User Content. We are not responsible for, or liable to, any third  party for the content or accuracy of any User Content provided by you or any user of the Service.  

We strongly discourage you from including any sensitive, identifying information (such your address) in your  User Content, including but not limited to information regarding any health condition or your health status, and  you expressly agree not to include any sensitive, personal or health-related information about you or anyone  else in your User Content that you do not want to be shared publicly. You represent and warrant that: (a) you  own or control all rights in and to your User Content and have the right to grant the licenses described herein to  us and our partners, affiliates, and service providers, and each of their and our respective affiliates, partners,  licensees, successors, and assigns; (b) all of your User Content does and will comply with these Terms; (c) none  of your User Content will infringe upon, misappropriate, or otherwise violate any person’s rights, including any  intellectual property, privacy, or publicity rights. To the extent that you choose to include the name, story, image,  likeness, and other personal characteristics or information about yourself or anyone else in your User Content,  you represent that you have the appropriate permissions, if needed, in order to provide such content and  information to us, and you expressly consent and request that we use such information in any way we deem  appropriate in order to fulfill our mission and the purpose of the Nevada Donor Network and the Services that  we provide. You agree to provide to us a copy of any such consents, releases, or permissions upon our request.  It is completely optional whether or not you choose to provide User Content, and you choose the nature and kind  of the User Content that you provide.  

Your submission of User Content may be subject to additional or different terms between you and Nevada Donor  Network that you agree to when you provide your User Content for a particular purpose, and this Agreement  does not supersede or replace such terms. Subject to any express use limitations or restrictions in such additional  or different terms, you hereby grant to Nevada Donor Network and our affiliates and service providers, and each  of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, transferable,  worldwide, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, transmit,  distribute (through multiple tiers), create derivative works of, and publicly display your User Content, in whole or  in part, and to grant and authorize sublicenses of the foregoing, for the purposes of sharing your story with others  within the Nevada Donor Network community and/or meeting the objectives of Nevada Donor Network and its  Services. You also grant to the other users of the Service a non-exclusive license to access your User Content,  and to use, reproduce, create derivative works of, adapt, publish, transmit, distribute and publicly display such  User Content subject to these Terms. You grant to Nevada Donor Network the right to identify you as the author  of your User Content by name, email address, screen name, likeness, or other identifying information. 

YOU ACKNOWLEDGE AND AGREE THAT YOU SHOULD NOT POST OR SUBMIT ANY PERSONAL  INFORMATION, INCLUDING PROTECTED HEALTH INFORMATION, IN CONNECTION WITH PROVIDING  ANY FEEDBACK OR USER CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,  YOU HEREBY IRREVOCABLY WAIVE ALL LEGAL AND EQUITABLE RIGHTS RELATING TO ALL  LIABILITIES, CLAIMS, DAMAGES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO COPYRIGHT OR 

TRADEMARK INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, LIBEL, DEFAMATION, INVASION OF  PRIVACY, VIOLATION OF RIGHTS OF PUBLICITY, OR ANY SIMILAR CLAIM OR CAUSE OF ACTION IN  ANY OTHER LEGAL THEORY (COLLECTIVELY, “CONTENT CLAIMS”) ARISING DIRECTLY OR  INDIRECTLY FROM THE EXPLOITATION OR OTHER USE OF YOUR USER CONTENT PURSUANT TO  THESE TERMS, AND YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CONTENT CLAIM AGAINST  NEVADA DONOR NETWORK, AND FOREVER RELEASE AND DISCHARGE NEVADA DONOR NETWORK  FROM LIABILITY UNDER SUCH CONTENT CLAIMS. YOU REPRESENT AND WARRANT TO NEVADA  DONOR NETWORK THAT YOU HAVE FULL RIGHT, POWER, AND AUTHORITY TO AGREE TO THE TERMS  OF THIS SECTION AND TO GRANT THE RIGHTS HEREUNDER. 

XIII. Information that We Collect in Connection with the Services 

We may collect the following types of information: 

  • Name, email address, phone number, postal address, birthdate, and other contact information or  information that we may request or that you may provide to us about you.  
  • Username and password, if you create an account through our Services. 
  • Personal health information, including information about your diagnosis and general health. • Information that is about you, but that does not identify you as an individual, such as web analytics.  • Details of transactions your carry out through our Services, including financial information, such as  

credit/debit card information and account numbers related to your purchases or financial donations. • Records and copies of your correspondence (including email addresses) if you contact us. • IP addresses, operating system type and version, device identifiers, and other information collected  through cookies or other passive means. 

  • Donations, downloads, and usage of our Services, including how you use and interact with our website  (including information about frequency, duration, date and time, quantity, quality, and performance  information related to logins, clicks, and other use information). 
  • Geolocation, such as where you are located when you are using our Services. 
  • Other data or pieces of information that may identify you individually. 

XIV. How We Collect Information  

We collect certain types of information in the following ways: 

  • Directly from you, when you provide it to us. 
  • Automatically as you navigate through the site. Information collected automatically may include usage  details, IP addresses, and information collected through cookies, web beacons, and other tracking  technologies. 
  • From third parties, for example, our network partners. 

Information You Provide to Us 

For certain Services or activities, such as when you register to become a donor, make a donation, or contact us  directly, we may ask you to provide information such as your name, email address, phone number, postal  address, birthdate, and other contact information or information about you. 

We also collect other information that you choose to provide, such as records and copies of your correspondence  if you contact us, and the content that you provide through the Nevada Donor Network Services for the purposes  of utilizing resources or connecting with others through our “Aftercare Program,” which provides support to  families through phone calls, correspondence, events, grief literature and assistance in locating support  resources in the community.  

If you provide us with User Content and allow us to publish such content, you are giving us permission to disclose  your content with others. For example, we may share such information with other donor families, recipients, or 

on our website and in other forms throughout our community in order to provide hope, strength, and life to people  in the state of Nevada and potential transplant recipients across the country. 

Automatically-Collected Information 

Certain information is collected automatically through cookies, pixel tags, Flash cookies, and similar  technologies. Cookies are small bits of information that are stored by your computer’s web browser. Pixel tags  are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs”  that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is  placed, and similar information from your computer or device. Flash cookies (sometimes referred to as “Local  Shared Objects”) are similar to standard cookies, except that they can be larger and are downloaded to a  computer or mobile device by the Adobe Flash media player. You may refuse to accept certain browser cookies  by adjusting your browser settings. However, if you disable cookies, you may not be able to access certain parts  of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will  issue cookies when you direct your browser to our Services, and by using the Services, you consent to our use  of cookies and similar technologies. Information that we collect automatically includes: 

  • Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet  service provider, pages that you visit before and after using the Services, the date and time of your visit,  information about the links you click and pages you view within the Services, and other standard server  log information.  
  • Location information when you use our Services, such as your mobile device’s GPS signal, or information  about nearby WiFi access points and cell towers. 
  • Technical data to address and fix technical problems and improve our Services. Your device or browser  settings may permit you to control the collection of this technical data.  

To the extent that this automatically-collected information includes, or is maintained with, personal information,  we will treat it in accordance with the privacy obligations of these Terms.  

Information Collected from Third Parties 

We may collect certain information from third parties or third-party services or use third parties or third-party  services to collect certain information (each, a “Third-Party Service”). If you access the Services from an  advertisement on a Third-Party Service, we may receive information from the owner of the Third-Party Service  related to you or that advertisement. We may also receive information about you from other sources, including  through third-party services and organizations. We may combine our first-party data, such as your email address  or name, with third-party data from other sources and use this to contact you (e.g. through direct mail). For  example, if you access Third-Party Services, such as Facebook, Google, or Instagram, through the Services to  login to the Services or to share information about your experience on the Services with others, we may collect  information from these Third-Party Services.  

Additionally, we may use Third-Party Services to provide use with analytics and behavioral advertising services,  and these Third-Party Services may use cookies, as well as other technology such as web beacons or pixels, to  serve advertisements to you across websites or to provide their analytics services. The Third-Party Services that  we use for these analytics and advertising services include, but are not limited to, Google Analytics (for more  information, see https://www.google.com/policies/privacy/partners/) and LinkedIn Ads (for more information, see  http://www.linkedin.com/legal/privacy-policy). 

XV.Use of Information 

We may use the information we collect online to: 

  • Provide and improve the Services; 
  • Configure and maintain your account, if applicable; 
  • Create or derive anonymous, aggregate information or data that does not identify you or any other  particular individual;
  • Train our personnel; 
  • Carry out our obligations and enforce our rights, including to enforce or apply our service terms and other  agreements, including for billing and collection purposes; 
  • Contact you; 
  • Fulfill your requests for tools, products, services, and information; 
  • Process your payment and other information for donations that you make; 
  • Analyze the use of the Services and user data to understand and improve the Services; • Prevent fraud, harmful, unauthorized, illegal or other types of activity;  
  • Comply with any other court order, law, or legal process, including to respond to any government or  regulatory request, or if we believe disclosure is necessary or appropriate to protect the rights, property,  or safety of Nevada Donor Network, users of our Services, or others; 
  • Use the information that you choose to share with us to tell your story in order to connect you or your  story with others and to further our mission and goals of providing hope and strength to donor families  and transplant recipients;  
  • Provide our event emails, donation information, or other updates and information to you, when you  subscribe to receive such information form us;  
  • Fulfill any other purposes disclosed to you at the time we collect your information or pursuant to your  consent. 

XVI. Disclosure of Information 

Notwithstanding anything to the contrary in this Privacy Policy, other than those parties and for those specific purpose which you consented to, your mobile phone number will not be shared with third parties/affiliates, and we will not transfer your opt-in consent to receive text messages from us to any third parties.

We may disclose anonymous, aggregate information about you, users of our Services, or our other customers  without restriction as long as that information does not identify any particular individual. 

We may share your information in the following circumstances: 

  • Partners, Research Facilities, and our Network. Certain types of information may be shared with  healthcare providers, research facilities, and laboratories that we work with to provide the Services. Our  coordinators may facilitate correspondence between donor families and transplant recipients if you  choose to participate in the Aftercare Program or other Services we provide. 
  • Authorized Third-Party Vendors and Service Providers. We may share your information with third-party  vendors, partners, contractors, service providers, and other third parties that we use to support our  business and who are bound by contractual or ethical obligations to protect your information and only  use it for limited purposes associated with our Services, such as to help us with payment processing,  customer service, email deployment, business analytics, marketing, performance monitoring, hosting,  and data processing. If you provide your personal and financial information in order to make a donation  through the Services, that information will be used by the us and our third-party payment processors in  order to process your payment.  
  • Affiliates or Organization Restructuring. We may share your information with our affiliates or to a buyer  or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other  sale or transfer of some or all of Nevada Donor Network’s assets, whether as a going concern or as part  of bankruptcy, liquidation, or similar proceeding, in which personal information held by Nevada Donor  Network from our website users is among the assets transferred. 
  • Legal Purposes. We may disclose information to comply with applicable laws and to respond to  subpoenas, court orders, legal process, law enforcement requests, legal claims or government inquiries,  and to protect and defend the rights, interests, health, safety, and security of Nevada Donor Network, our  affiliates, users, or the public. This includes exchanging information with other companies and  organizations for the purposes of fraud protection and credit risk reduction. We may be required to share  information related to anatomical gifts and donations to government agencies or other organizations as  required by law.  
  • Otherwise with Your Consent. We may also share your personal information with your consent. For  example, we may share the information that you choose to share with us to tell your story with others in  order to connect you or your story with donor families, transplant recipients, or others within our network  and community.

When we work with third-party service providers, such as third-party payment processors, research facilities,  and healthcare providers and services, we enter into a written agreement with such third parties in order to  protect the confidentiality and use of your personal data when we use such third-party service providers. In some  cases, such third parties may be considered business associates or may be part of other categories of providers  with certain obligations under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the  Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH”) or the , as well as all  related rules and regulations, each as amended from time to time. In those cases, access to your personal  information will be governed by a business associate agreement, or other applicable written agreements, as  required under applicable law. 

If you choose to engage in public activities on the third-party sites that we link to, you should be aware that any  information you share there can be read, collected, or used by other users of these sites and forums. You should use caution in disclosing personal information while participating in these areas. We are not responsible for the  information you choose to submit in public areas. 

We do not sell your personal information, as contemplated by Nevada law, to third parties for any purposes.

 

XVII. Your Health Information  

You may have the opportunity to provide personal information to us on or through the Services that we may  disclose to healthcare providers and research facilities, at which time such personal information may become  protected health information subject to HIPAA or HITECH. These Terms are separate from and are not intended  to replace or alter any disclosures or information that you may receive related to your health information, including  any notices that you may be provided by us or by the healthcare providers that we work with in connection with  HIPAA or HITECH. 

We take steps to maintain appropriate technical safeguards for the protection and security of the information  processed through our Services, but no method of security online is ever perfect. We will comply with our  obligations under the HIPAA, HITECH, and other applicable laws or regulations, in addition to separate  agreements that we have in place with our healthcare providers and labs when we access, process, or use your  protected health information. Certain communication methods that you may utilize in accessing our Services,  products, and services (such as email) may not comply with the technical security or standards set forth in in 

HIPAA or HITECH. When you provide your email to us or set up an online account through our Services, you  are requesting that we use these communication methods to access your protected health information through  such communication methods, and you represent and warrant that you are requesting and consenting to the use  of such methods and doing so with the knowledge that we are not able to guarantee the security of such  information or data. YOU ACKNOWLEDGE AND UNDERSTAND THAT EMAIL AND OTHER FORMS OF  ELECTRONIC MESSAGING ARE NOT A SECURE METHOD OF COMMUNICATION AND THAT ANY  PROTECTED HEALTH INFORMATION SUBMITTED BY YOU VIA EMAIL OR OTHER ELECTRONIC  MESSAGES WILL NOT BE ENCRYPTED. 

It is your decision and at your discretion whether or not to provide us with access to personal information through  the Services, including using such communication methods that are not HIPAA compliant, and by doing so, you  represent and warrant that you are requesting and consenting to the use of such access, storage, processing,  and transmission of your personal information using the Services and any such communication methods. You  also acknowledge that we cannot guarantee the security of such information or data. You assume all risk in  providing or sending your personal information on or through our Services. You understand that we cannot and  do not guarantee or warrant that files available for downloading from the internet or the Services will be free of  viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints  to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for  maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT  PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED  DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT 

MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER  PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS  OBTAINED THROUGH THE SERVICES, INCLUDING YOUR DOWNLOAD OF ANY MATERIAL POSTED ON  THE SERVICES, OR ON ANY OTHER SERVICES LINKED TO OUR SERVICES. 

Except for your health information, you acknowledge and agree that we may use certain data received or created  through our services in any way allowed under applicable laws. We will only use your protected health information  (“PHI”) that we receive or create through our Services in a manner consistent with HIPAA, all other applicable  laws, and pursuant to any business associate agreements and other agreements that we have in place with our  healthcare and lab providers. 

There are certain notices that only apply to PHI. THIS NOTICE DESCRIBES HOW YOUR PHI MAY BE USED  AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. WE ARE REQUIRED BY  LAW TO MAINTAIN THE CONFIDENTIALITY OF YOUR PHI AND NOTIFY YOU REGARDING THE USE OF  YOUR PHI AND OUR PRACTICES REGARDING ITS SECURITY. THIS NOTICE IS CURRENT AND  EFFECTIVE AS OF THE DATE FIRST SET FORTH ABOVE. PLEASE REVIEW THIS INFORMATION  CAREFULLY: 

  • Business Transfers. HIPAA permits organizations to transfer PHI in certain circumstances: o We can transfer your information as part of a transfer of the assets of the organization, merger,  or consolidation or in the unlikely event of bankruptcy, if such transfer is permissible under HIPAA  and addressed within Nevada Donor Network’s HIPAA Notice of Privacy Practices. 

o We may share and transfer your information to certain third parties who are also bound by HIPAA  and HITECH’s obligations to the extent they perform certain services for Nevada Donor Network  that require access to your PHI. Such use of your PHI is permitted by HIPAA even without your  prior approval or authorization as part of NDN’s payment activities, healthcare operations,  including but not limited to its business management and general administrative activities, as  defined and/or allowed within HIPAA. 

  • PHI Uses Generally. We may use or disclose your PHI as described below: 

o We will only use any PHI you voluntarily provide directly to us within Nevada Donor Network for  the purpose of sharing information, events, and services available to you, or as you otherwise  permit with your written consent. 

o Your PHI will be used by Nevada Donor Network and its business associates who have agreed  to protect the confidentiality of your PHI consistent with HIPAA and HITECH 

o We may also use and disclose your PHI for any purpose and in any manner permitted by HIPAA  and HITECH that does not require your express prior authorization, including in manners not  specifically identified above as “Business Transfers”. 

o We and Nevada Donor Network may use and disclose your PHI to coordinate or manage services  related to your healthcare and related services, including with a third party, such as hospitals,  insurers, government payors (e.g., Medicare, Medicaid, and Tricare), and physicians. 

o We and Nevada Donor Network may use and disclose your PHI, as needed to obtain and  coordinate payment for your healthcare services, such as fundraising, seeking donations where  permitted by law, obtaining approval for payment or reimbursement of expenses. 

o We and Nevada Donor Network may use or disclose your PHI to support our collective business  activities, including but not limited to quality assessment, employee review, accreditation  activities, conducting or arranging other business activities, contacting you regarding our services  to you, and otherwise communicating with you. 

o We will never release your PHI with an outside organization that is not contemplated within the  preceding points unless you sign a written authorization to release such information to such a  third party, to yourself, or as you otherwise provide with your written consent.  

o Companies Nevada Donor Network works with, and which provide services to NDN, are provided  only enough information (i.e., the “minimum necessary”) to provide services necessary to provide  their services that relate to you. 

o Additionally, we may disclose your PHI under certain circumstances without your authorization or  prior notice, including: where such disclosure is required by law; disclosures relating to 

communicable diseases, health oversight activities, abuse and neglect, required by the Food and  Drug Administration, used in legal proceedings, law enforcement activities, inmates, military  activity, national security, and worker’s compensation. Additionally, we must make disclosures  when required by the Secretary of Health and Human Services to investigate or determine our  compliance with the requirements of 45 C.F.R. Part 164, Subpart E. 

  • Contact and Your Rights. For more information, including to inquire or make a complaint regarding your  PHI, please contact info@nvdonor.org or call 855-NVDONOR. 

o In order to exercise your rights to access or amend your PHI, or receive an accounting of your  PHI’s disclosure as may be required by law, we accept such requests in writing by contacting  info@nvdonor.org or by calling 855-NVDONOR to obtain forms for such activities, or to obtain assistance to complete such requests or activities in writing. Additionally, you may not inspect or  copy the following records: psychotherapy notes, information compiled in anticipation of or use in  a civil, criminal, or administrative action or proceeding, and PHI that is subject to a law that  prohibits access to such PHI. 

o You have a right to request a restriction of your PHI, meaning that you may ask us not to use or  disclose nay part of your PHI for the purposes of treatment, payment, or healthcare operations.  You may also request that any part of your PHI not be disclosed to family members, friends, o  others who may be involved in your care, or for notification purposes described herein. Your  request must state the specific restriction requested and to whom you want this restriction to  apply. We are not required to agree to your requested restriction. If we believe it is in your best  interest to permit use and disclosure of your PHI, then your PHI will not be restricted, and you  have the right to seek care, treatment, or services from another healthcare provider. 

o You may contact us for our complete notice of privacy practices or further information regarding  Nevada Donor Network’s privacy practices at info@nvdonor.org or 855-NVDONOR. 

o You may complain to us or to the Secretary of Health and Human Services if you believe your  privacy rights have been violated. You may file a complaint with us by submitting it in writing to  info@nvdonor.org, and we will not retaliate against you for filing a complaint. 

XVIII. Your Choices 

We strive to provide you with choices regarding the personal information you provide to us. You may control your  information in various ways: 

  • Disable Cookies and Other Automatic Data Collection. You may be able to refuse or disable cookies by  adjusting your web browser settings. Because each web browser is different, please consult the  instructions provided by your web browser (typically in the “help” section). Please note that you may need  to take additional steps to refuse or disable Local Shared Objects and similar technologies. For example,  Local Shared Objects can be controlled through the instructions on Adobe’s Setting Manager page. If  you choose to refuse, disable, or delete these technologies, some of the functionality of the Services may  no longer be available to you. 
  • Opt-Out.  

o You may be able to opt out of interest-based advertising across browsers and devices from  companies that participate in the Digital Advertising Alliance by visiting:  http://www.aboutads.info/choices, or the Network Advertising Initiative by visiting:  http://www.networkadvertising.org/choices..  

o You may also be able to opt out of interest-based advertising through the settings within your  mobile device, but your opt-out choice may apply only to the browser or device you are using  when you opt out, so you should opt out on each of your browsers and devices if you want to  disable interest-based advertising for those browsers and devices. If you opt out, you will still  receive ads but they may not be as relevant to you and your interests, and your experience on  our Services may be degraded. 

o If we are processing your personal information based on your consent (as indicated at the time of  collection), you have the right to withdraw your consent. If you exercise this right, you will no  longer be able to use the Services requiring such consent.

  • Do-Not-Track Signals and Similar Mechanisms. Some web browsers transmit “do-not-track” signals to  websites. Because of differences in how web browsers incorporate and activate this feature, it is not  always clear whether users intend for these signals to be transmitted, or whether they even are aware of  them. We currently do not take action in response to these signals. 

XIX. Accessing and Correcting Your Information 

You may contact us by sending us an email at info@nvdonor.org to request access to, correct or delete, to the  extent permissible by law, any personal information that you have provided to us. It is important that you let us  know as soon as possible if you believe that any personal information that we have about you is incorrect, or is,  has been, or might be used inappropriately, so we can take commercially reasonable steps to correct, delete, or  restrict the use of such information, as appropriate. There are some circumstances where we will not be able to  fulfill your request, for example, if regulatory obligations, legal matters, or certain operational or technical  constraints prevent us from doing so. We will not accommodate a request to change information if we believe  the change would cause the information to be incorrect or violate any law or legal requirement. Under certain  circumstances, you have the right to lodge a complaint about our practices with respect to your personal  information with certain agencies or supervisory authorities, or directly to Nevada Donor Network.  

XX.Data Security 

We have implemented measures designed to secure your personal information from accidental loss and from  unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends  on you. Where we have given you (or where you have chosen) a password or other access credentials for certain  parts of our Services, you are responsible for keeping such access credentials confidential. Do not share your  password with anyone. Unfortunately, the transmission of information via the internet is not completely secure.  Although we do what we can to protect your personal information, we cannot guarantee the security of your  personal information transmitted to our Services. Any transmission of personal information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures contained on the Services. 

XXI. International Users 

We are located, and operate, in the state of Nevada and maintain information in the United States of America  and in accordance with the laws of the United States, which may not provide the same level of protection as the  laws in your jurisdiction. By using the Services and providing us with information, you understand and agree that  your information may be transferred to and stored on servers located outside your resident jurisdiction and, to  the extent you are a resident of a country other than the United States, that you consent to the transfer of such  data to the United States for processing by us in accordance with these Terms. 

XXII. Nevada Residents 

If you are a Nevada resident, please see above for information regarding our privacy practices, including the  information we collect, how you may review and update this information, and how we notify users of changes to  these Terms. As noted above, we do not sell your personal information, as that term is defined by Nevada law.  If you have further questions or would like to make additional requests regarding your personal information,  please contact us by email at info@nvdonor.org. 

XXIII. Waiver and Severability 

No waiver by us of any term or condition set forth 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 by us 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 are held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for  any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining  provisions of these Terms shall continue in full force and effect.

XXIV. Electronic Communications, Transactions and Signatures 

Visiting our Services, sending us emails, and completing online forms constitute electronic communications. You  consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other  communications we provide to you electronically, via email and on our Services, satisfy any legal requirement  that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,  CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,  POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR  SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or  other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records,  or to payments or the granting of credits by any means other than electronic means. We may provide notice to  you under these Terms by posting the notice to our Services or by email to the email address that you provide.  It is your responsibility to keep your email address current. 

XXV. Miscellaneous  

These Terms and any terms referenced herein constitute the sole and entire agreement between you and us  with respect to our Services and products or services offered through use of the Services and supersede all prior  and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with  respect to our Services. We are not responsible for any delay or failure to comply with our obligations under  these Terms if the delay or failure arises out of any event that is beyond our reasonable control. Such events  include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire,  flood, accident, storm, strikes, riots, lockouts, terrorist attacks, pandemics, epidemics, quarantines, or industrial  action affecting us or our suppliers. You will not assign any of your rights or obligations under these Terms  without our prior written consent, and any purported assignment or delegation in violation of this Section is null  and void. Nevada Donor Network may assign its rights and duties under this Agreement to any party at any time  without notice to you. These Terms do not and are not intended to confer any rights or remedies upon any person  other than you and the indemnified parties in Section V. 

XXVI. Questions? 

If you have any questions about these Terms or our practices, please email us at info@nvdonor.or or call us at  855-NVDONOR. 

 

NEVADA DONOR NETWORK 

SMS Terms of Service and Privacy Policy 

Last Update:  October 17, 2024 

 

SMS Terms of Service 

Please read these SMS Terms carefully.

1.    Overview of SMS Terms 
Nevada Donor Network, Inc. (hereinafter “NDN”, “we”, “us”, or “our”) is a federally designated 501(c)3 not-for-profit organ procurement organization (“OPO”) also responsible for facilitating tissue and cornea donation across Nevada. As part of these efforts, NDN operates text message (“SMS”) or phone call communications for various reasons, described in the User Opt-In section below (the “Services”). Your use of the Service constitutes your agreement to these terms and conditions (“SMS Terms”). These SMS Terms are in addition to the Nevada Donor Network Terms of Use and Privacy Policy (collectively, the “Terms”) and are incorporated herein by reference. 

1.1.    Modifications to This SMS Terms
To the extent permitted by applicable law, NDN may modify these SMS Terms at any time and your continued use of the Service following the Effective Date of any modification constitutes your acceptance of that modification.  

1.2.    Modifications of the Service
NDN may modify or cancel the Services or any of its features without notice. We may also change the telephone number or short code we use to operate the Service, and we will notify you of any such change.

2.    Types of Communications 
SMS and phone calls may be sent using an automatic telephone dialing system or other technology. This is the case even if your phone number is registered on any state or federal Do Not Call list.  Message frequencies may vary. 

2.1.    Communications Regarding Donations
You may receive communications from NDN through SMS or phone calls if you have been identified as a Next of Kin (defined below). Under the Anatomical Gifts Uniform Act, NRS451, we are required to make contact with you. 


3.    User Opt-In

3.1.    Donations
If we contact you via SMS or phone call in connection with a possible donation, this is because you were identified by a hospital, health care provider, coroner or other law enforcement entity as the possible next of kin or legal contact for a person who is a potential organ/eye/tissue donor including those individuals who have authorized donation upon their death through registering as a potential organ eye/tissue donor in a state or national donor registry (“Next of Kin”). As a result, your contact information is provided to NDN as required by law. In this context, your consent is not required for the initial SMS or phone call from NDN or any recurring messages while NDN tries to make initial contact with you. By continuing to communicate with NDN via SMS after initial contact, you consent to NDN’s further communication via SMS. To learn how to opt out of receiving communications from NDN through SMS, please see User Opt-Out of Text Messages section below. 


4.    User Opt-Out of Text Messages
You can opt-out of certain communications including SMS at any time by following the Opt-Out Command instructions below. In some cases, NDN may be legally required to contact you if you are the Next of Kin. In those cases, NDN may continue to contact you, even if you’ve sent an Opt-Out Command.

You can opt out by replying “STOP”, “QUIT”, “CANCEL”, “OPT-OUT”, and/or “UNSUBSCRIBE” to the respective text messages (“Opt-Out Command”). When we receive your Opt-Out Command, we may respond with a confirmatory text message in return that will confirm receipt of your cancellation request as well as indicate that you will no longer receive SMS from us. 

Our mobile messaging service providers may not recognize requests that materially modify the foregoing Opt-Out Commands, and you agree that NDN and our mobile messaging service providers will not be liable for failing to honor requests that do not comply with the Opt-Out Commands listed above. In addition, if NDN notified you that the telephone number or short code was changed, then you acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

5.    Support
If you have any questions about a SMS you have received from us, you may respond to such SMS message with the word “HELP”. For additional assistance, or to opt out from receiving SMS or calls to your mobile device, please call 855-683-6667. 

6.    Miscellaneous

6.1.    Carrier Supported List
NDN’s mobile messaging service providers deliver messages to the following mobile phone carriers.

•    Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
•    Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless),m Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

If you use another carrier, you might not be able to receive SMS from NDN. Please note that NDN, our service providers and the carriers listed are not liable for failed, delayed or misdirected delivery of any information sent through the Service, any errors in that information, or any action you may or may not take in reliance on that information or the Service. If you have any questions about your text plan or data plan, please contact your wireless provider. For all questions about the Service provided by NDN’s SMS service provider, please call 855-683-6667.

6.2.    Message and Data Rates
Message and data rates may apply. While NDN does not charge for the Service, there may be other applicable charges as a result of a SMS. You are solely responsible for all charges and fees (including standard message and data rates) associated with SMS imposed by your wireless provider for messages sent between you and NDN.
 Please check with your wireless carrier for your plan details. 

In addition, you are solely responsible for any fees or charges incurred to access the Services through an internet service provider or other third party, including without limitation data charges incurred if you are not connected to Wi-Fi access, charges to receive SMS or other mobile access, which may be billed to you by your wireless carrier. You agree that NDN is not liable in any way for any third-party charges associated with your use of the Services over your mobile device(s). 

7.    Disclaimer

7.1.    Security of Messages
You acknowledge that anyone with access to your mobile device may be able to view the messages you receive when using the Service, and that NDN is not liable to you if this occurs.

7.2.    Delayed/Undelivered Messages
Even within a coverage area, factors beyond our control or your wireless carrier’s control may interfere with message delivery. Neither your wireless carrier nor NDN is liable for delayed or undelivered messages. 

7.3.    Service is “as-is”
The Service is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither NDN nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Service.

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Questions or concerns? 
If you have any additional questions regarding this Policy, please contact NDN by calling 855-683-6667.