All Other Terms and Conditions

Agreement between User and www.premiermaxcb.com

Welcome to www.premiermaxcb.com. The www.premiermaxcb.com website (the “Site”) is comprised of various web pages operated by Cord for Life®, Inc. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your access to and use of www.premiermaxcb.com and your purchase of cord blood stem cells and related products for research use only constitute your agreement to all such Terms. Please read these Terms carefully and keep a copy for your reference.

By creating an account, placing an order, submitting payment, or checking any acknowledgment box on the Site, you expressly acknowledge that you have read and agree to be legally bound by these Terms and Conditions. All orders are subject to verification and acceptance by Cord for Life®, Inc. An order is deemed accepted only upon release of the product for shipment.

www.premiermaxcb.com is an E-Commerce Site for the purchase of cord blood stem cells and related products for research use only.

Cord for Life®, Inc. is a provider of cord blood stem cells and related products for research use only and clinical trials conducted under applicable regulatory approvals.

Definitions

“Cord blood stem cells and related products” means any PREMIERMAXCB® products or other cellular or biologic materials sold by Cord for Life®, Inc. for research use only.

“Purchasing Party/Requesting Party/Research Facility/Sponsor” means the entity or individual that places an order for cord blood stem cells or related products for research use only.

Privacy

Your use of www.premiermaxcb.com is subject to Cord for Life®, Inc.’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.premiermaxcb.com or sending emails to Cord for Life®, Inc., constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Cord for Life®, Inc., is not responsible for third party access to your account that results from theft or misappropriation of your account. Cord for Life®, Inc., and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Applicable Taxes, Fees, and Charges

Any products and services tax, sales tax, use tax, manufacturers tax, occupation tax, excise tax, value added tax, duty, customs, inspection or testing fee, or any other tax, fee or charge of any nature imposed by any government authority or measured by the transaction between CFL and the user (Purchasing Party/Requesting Party/Research Facility/Physician/Medical Provider that CFL research products are shipped to) who will actually use the research products, will be paid by the Purchasing Party/Requesting Party/Research Facility/Sponsor (also referred to as “User” or “I/we”) that cord blood stem cells or related products are shipped to in addition to the research fee paid. If CFL is required to pay any such tax, fee or charge, then the Purchasing Party/Requesting Party/Research Facility/Sponsor (also referred to as “User” or “I/we”) that cord blood stem cells or related products are shipped to will reimburse CFL immediately upon receiving a request in writing from CFL. CFL reserves the right to assess a maximum of 1.5% monthly penalty on any or all outstanding research fees and/or invoices if any not excluding any such tax, fee or charge as described above.

Cord for Life Cargo Insurance Coverage

Coverages Provided

The insured may purchase insurance coverage on a per-shipment (transactional) basis for small package shipments made with the transportation carriers approved under this Policy.

Purchasing Transactional Insurance Coverage: The purchaser must insert an Insured Value of $101 or more in the Declared Value field of the approved shipping/ordering system at the time of placing the order. If the purchaser fails to insert the Insured Value in the Declared Value or other reference field (if applicable and approved) in the shipping/ordering system when manifesting the package for transport, then no coverage shall be provided by this Policy.

Time-In-Transit Transactional Parcel Coverage

Time-in-Transit Transactional Parcel coverage applies when the first FedEx/UPS delivery attempt occurs after the specified number of Delivery Days from the day that the package is picked up by FedEx/UPS, from the first physical scan performed by FedEx/UPS or from the FedEx/UPS scheduled delivery date, as applicable.
Time-in-Transit Transactional Parcel coverage protects the properly invoiced value of time-sensitive commodities.
Time-in-Transit Transactional Parcel coverage applies to FedEx/UPS Next-Day Air®, FedEx/UPS Next-Day Air Early A.M.® and FedEx/UPS Next-Day Air Saver® shipments exceeding 1 Delivery Day.
Time-in-Transit Transactional Parcel coverage includes FedEx/UPS Next-Day Air Saturday Delivery service.
Time-in-Transit Transactional Parcel coverage does not apply to FedEx/UPS 2nd Day Air® and FedEx/UPS Second-Day Air A.M.® shipments.
Time-in-Transit Transactional Parcel coverage does not apply to FedEx/UPS Three-Day Select® shipments.
Time-in-Transit Transactional Parcel coverage does not apply to FedEx/UPS Ground shipments.
Time-in-Transit Transactional Parcel coverage does not apply to FedEx/UPS Worldwide Express® shipments.
Time-in-Transit Transactional Parcel coverage does not apply to FedEx/UPS Worldwide Saver® shipments.
Time-in-Transit Transactional Parcel coverage does not apply to FedEx/UPS Worldwide Express Plus® shipments.
End of Day Provision: Time-in-Transit Transactional Parcel coverage applies when the first delivery attempt made by FedEx/UPS occurs after the end of day (6:00 p.m. for commercial deliveries 8:00 p.m. for residential deliveries) on the committed delivery day for the service level based on the delivery day commitments outlined herein.
Time-in-Transit Transactional Parcel coverage shall not apply to packages shipped via FedEx/UPS Ground service.
Unless otherwise endorsed, delays caused by weather-related, other Acts of God and other catastrophic events that are out of the control or influence of FedEx/UPS are excluded from this coverage.
Shipping costs, credit card fees, any sales tax etc. incurred when purchasing the products are not covered. Just the cost of products are covered.
There will be no refunds, only replacement of similar goods that were lost less the 10% deductible. The 10% deductible plus new shipping and credit card fees will apply prior to shipping the replacement shipment.

Average Terms and Conditions – Transactional Parcel

Perils Insured: New goods and/or merchandise are insured: All risks of physical loss of or damage from any external cause irrespective of percentage, except such risks as are excluded by the Warranties or other clauses in this Policy unless specifically covered by an endorsement. All other goods and/or merchandise, including used goods and/or merchandise, are insured: Free of Particular Average (partial losses excluded) as set forth in the Policy’s Average Terms Clause, also excluding such risks as are excluded by the Warranties or other clauses in this Policy unless such risks are specifically covered by an endorsement.

Coverage only applies to packages shipped under the covered shipper numbers using a FedEx/UPS Package Level Detail (PLD) compliant shipping system and after FedEx/UPS has acquired a physical scan of the package.

Transactional Parcel Insurance Coverage does not protect the commodity of coins, currency, postage stamps, negotiable instruments (except checks), money orders, unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals or any other restricted items or commodities pursuant to the FedEx/UPS General Tariff restrictions.

Geographical Limits – Transactional Parcel

Coverage applies to U.S. shipments being shipped within the U.S. Within U.S. shall include the continental United States, Alaska, Hawaii and Puerto Rico.

Valuation – Transactional Parcel

Sold – Seller’s invoice; Unsold – Cost of goods or replacement cost

Limit Type Transactional Parcel Limits of Liability Deductible Any one package via FedEx/UPS express parcel delivery service Within U.S. $50,000.00 10% Export N/A N/A Import N/A N/A Rate per $100 $2.95. All deductibles shown as a percentage represent the deductible as a percentage of the claimed amount unless specified otherwise.

Excluded Causes for Delay

the unavailability or refusal of a person to accept delivery of the shipment;
Forces of nature or natural disasters; including but not limited to natural disasters such as earthquakes, floods, named storms, blizzards, hurricanes, tornadoes, volcanic eruptions, mud slides, monsoon, tsunamis and fire caused by lightning;
weather events, such as thunderstorms, rainstorms and snowstorms that cause disruption or delay to logistics services;
acts of public authorities acting with actual or apparent authority;
acts or omissions of customs or similar authorities, authority of law;
insufficient information provided by a customer (including incorrect addresses, missing suite number, etc.);
Hazardous Materials (as such term is defined in the UPS Tariff/Terms and Conditions of Service);
the application of security regulations imposed by the government, riots, strikes or other labor disputes, civil unrest, disruptions in national or local air or ground transportation networks (including FedEx/UPS’s transportation network);
disruption or failure of communication and information systems;
any requested hold or rerouting of package by the customer/shipper/consignee.

Consequential Coverage

An Insured who purchases the TNT Coverage provided by this endorsement shall be covered against certain penalties or expenses consisting exclusively of those listed below, provided any such damages arise as a result of a FedEx/UPS shipment tendered for shipment in accordance with the FedEx/UPS Tariff/Terms and Conditions of Service or other valid written contractual agreement with FedEx/UPS, and where FedEx/UPS fails to attempt delivery within the timeframe applicable under this Endorsement corresponding to the eligible service level.

In the event of an eligible delay under this Endorsement, TNT coverage shall include actual, special, incidental and consequential damages actually incurred by the Named Insured to the extent reasonable and exclusively of the following type: Collection kit, shipping, processing fees, prepaid storage fees, and/or treatments.

Under no circumstances shall an Insured be entitled to TNT Coverage for the following types of damages or losses:

Loss of business opportunity;
Loss of customers or damage to goodwill or damage to reputation;

FedEx/UPS Guaranteed Service Refunds (GSRs);

Liquidated damages of any type.

Endorsement – Supplemental Coverage for Weather Events

This endorsement attaches effective as of 07/01/2021 and forms a part of the policy issued to the Insured. Coverage under the Time-In-Transit Endorsement of the Policy is revised and expanded as follows.

Time-in-Transit Coverage extends to shipments that are delayed due to Weather Events, which shall mean thunderstorms, rainstorms and snowstorms that cause disruption or delay to logistics services but do not rise to the level of acts of God or natural disasters.

If the Insured is notified that coverage will be temporarily suspended in any ZIP Code and/or state due to adverse weather conditions (a Suspension Notice), Time-In-Transit Coverage shall not apply to packages tendered after delivery of such Suspension Notice unless and until the relevant services are reinstated.

Links to Third Party Sites/Third Party Services

www.premiermaxcb.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Cord for Life®, Inc., and Cord for Life®, Inc., is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cord for Life®, Inc., is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cord for Life®, Inc., of the site or any association with its operators.

Certain services made available via www.premiermaxcb.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.premiermaxcb.com domain, you hereby acknowledge and consent that Cord for Life®, Inc., may share such information and data with any third party with whom Cord for Life®, Inc., has a contractual relationship to provide the requested product, service or functionality on behalf of www.premiermaxcb.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.premiermaxcb.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Cord for Life®, Inc., that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Cord for Life®, Inc., or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Cord for Life®, Inc., content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Cord for Life®, Inc., and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Cord for Life®, Inc., or our licensors except as expressly authorized by these Terms.

Children Under Thirteen

Cord for Life®, Inc., does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.premiermaxcb.com only with permission of a parent or guardian.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Cord for Life®, Inc., has no obligation to monitor the Communication Services. However, Cord for Life®, Inc., reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Cord for Life®, Inc., reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Cord for Life®, Inc., reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cord for Life’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Cord for Life®, Inc., does not control or endorse the content, messages or information found in any Communication Service and, therefore, Cord for Life®, Inc., specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Cord for Life®, Inc., spokespersons, and their views do not necessarily reflect those of Cord for Life.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.premiermaxcb.com or Posted on Any Cord for Life, Inc., Web Page

Cord for Life®, Inc., does not claim ownership of the materials you provide to www.premiermaxcb.com (including feedback and suggestions) or post, upload, input or submit to any Cord for Life®, Inc., Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Cord for Life®, Inc., our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Cord for Life®, Inc., is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Cord for Life’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by Cord for Life®, Inc., from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Cord for Life®, Inc., Content accessed through www.premiermaxcb.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Cord for Life®, Inc., its officers, directors, employees, agents and third parties from and against any and all losses, costs, liabilities and expenses (including reasonable attorney’s fees) arising out of or relating to: (a) your use of or inability to use the Site or services; (b) any user postings made by you; (c) your violation of any term of this Agreement; (d) your violation of any rights of a third party; (e) your violation of any applicable laws, rules or regulations; or (f) your purchase, receipt, handling, storage, administration, research use, clinical use, or other use of cord blood stem cells and related products. Cord for Life®, Inc., reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully in asserting any available defenses.

Binding Arbitration; Exclusive Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms and Conditions, the purchase, shipment, receipt, handling, administration, research use, clinical use, or other use of cord blood stem cells and related products, or use of the Site shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association in Orange County, Florida.

The arbitration shall be conducted by a single neutral arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

Court proceedings shall be permitted solely for purposes of:

(a) enforcing an arbitration award; or

(b) seeking temporary injunctive relief.

The parties waive any right to trial by jury.

This arbitration provision survives termination of these Terms.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Cord for Life®, Inc., agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Cord for life, inc., and/or its suppliers may make improvements and/or changes in the site at any time.

All cord blood stem cells and related products offered through this site are for research use only unless used pursuant to a valid fda approved investigational new drug (ind) application, institutional review board (irb) approved protocol, or other applicable regulatory authorization. Cord for life®, inc. Does not provide medical advice and does not control the clinical use of any product.

Cord for life®, inc., and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Cord for life®, inc., and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Cord for Life®, inc., and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Cord for Life®, inc., or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.

Termination/Access Restriction

Cord for Life®, Inc., reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Florida. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Orange County, Florida solely for purposes of enforcing arbitration awards or seeking temporary injunctive relief as permitted under the Binding Arbitration section above. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cord for Life®, Inc., as a result of this agreement or use of the Site. Cord for Life®, Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Cord for Life’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Cord for Life®, Inc., with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Cord for Life, Inc., with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cord for Life®, Inc., with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Cord for Life®, Inc., reserves the right, in its sole discretion, to change the Terms under which www.premiermaxcb.com is offered. The most current version of the Terms will supersede all previous versions. Cord for Life®, Inc., encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

For questions regarding cord blood stem cells and related products for research use only, contact:

Cord for Life, Inc.,
270 Northlake Blvd., Suite 1012
Altamonte Springs, Florida 32701
Email Address: ClinicalResearch@cordforlife.com

Telephone number: 1 (800) 869-8608 or 1 (407) 834-8333
Fax: 1 (407) 834-3533

Updated September 10, 2024