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PLEASE READ CAREFULLY. THESE TERMS AND CONDITIONS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By participating in CBR’s client reward Program (“CBR Rewards”), you agree to the CBR Rewards Terms and Conditions (“Terms and Conditions”) as follows:
When existing CBR clients ("Referring Clients") refer new clients to CBR ("Referred Clients"), CBR Rewards offers benefits to eligible Referring Clients and Referred Clients. This program is anticipated to run from June 1, 2016 through December 31, 2017, and is subject to change at any time at the discretion of CBR. This program may not be combined with other offers. Referred Clients aware of other promotions will receive the greater (but not combined) discount amount if mentioned at time of enrollment.
To be eligible to participate in CBR Rewards, you must be a Referring Client in good standings with CBR, or a Referred Client who has not previously stored newborn stem cells with CBR. Referred Client must enroll using referral link provided by Referring Client or mention Referring Client’s name when enrolling over the phone.
Important note: Health care and healing arts professionals, their staff, and anyone else prohibited by law from receiving compensation for referrals, are not eligible to receive any rewards as Referring Clients. Please let CBR know if you fall into this category by calling 1-888-776-3285. People in this category will not receive Referring Clients rewards, but the family and friends they refer will still be able to receive the Referred Clients special discount.
We reserve the right to deem you ineligible to participate in CBR Rewards if we, in our sole discretion, conclude that you have engaged in any fraudulent activity or have participated in CBR Rewards in a manner inconsistent with these Terms and Conditions or any federal, state or local, laws, statutes or ordinances.
Referring Clients will be ineligible to receive Rewards under the CBR Rewards Program if they promote, publish, or otherwise share the CBR Rewards Program, their referral link, and/or the Rewards described herein on coupon/deal websites or other public places where individuals not known to the Referring Client may access the Referred Client Rewards.
Except as otherwise provided for herein, CBR Rewards provides rewards to Referred Clients and eligible Referring Clients as follows:
The rewards described herein (“Rewards”) are non-transferable and re-sale of a Reward is strictly prohibited. Rewards cannot be redeemed for cash, except as and where required by law. Protect Rewards like cash. We are not responsible for unauthorized redemption of any of your Rewards.
We reserve the right to void a Reward provided to you if, in our sole discretion, we determine that the Reward (a) was not obtained in accordance with these Terms and Conditions or through legitimate channels (b) presented by you is counterfeit, altered, defective, tampered with or irregular in any way or (c) was obtained a manner in which we, in our sole discretion, determine is fraudulent or in violation of these Terms and Conditions and the objectives of CBR Rewards.
If you believe that you have earned a Reward but you have not received it, contact us at 1-888-776-3285. We reserve the right to require you to prove that you earned a Reward.
If you are a Referring Client who has qualified to receive a gift card credit under this program, you will receive information about the gift card redemption at the email address that you have provided to us. You are solely responsible for ensuring that the email address that you provide to us is accurate and up to date. We are not responsible for non-receipt of a gift card redemption email that was sent to the email address provided by you. You are responsible for updating your email address on file with us. If you opt out of receiving emails from us, you are no longer eligible to participate in CBR Rewards.
We reserve the right to modify ALL Terms and Conditions set forth herein, including, but not limited to, what Reward you may earn by participating in CBR Rewards. We will post the revised Terms and Conditions on www.cordblood.com/referral-terms-and-conditions no later than two (2) days prior to implementing the change(s). We also reserve the right to terminate or temporarily suspend CBR Rewards at any time. Any changes to the Terms and Conditions or to CBR Rewards will have no impact on the Rewards you have already earned.
Your continued participation in CBR Rewards constitutes your acceptance of any changes to the Terms and Conditions and/or CBR Rewards. You are solely responsible for remaining knowledgeable of any changes that we make to the Terms and Conditions and/or CBR Rewards. The most current version of these Terms and Conditions, which will indicate the date they were last updated, will be available at www.cordblood.com/referral-terms-and-conditions and will supersede all previous versions of these Terms and Conditions.
IN NO EVENT SHALL WE OR OUR ITS AFFILIATES OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO YOUR PARTICIPATION IN CBR REWARDS, OR YOUR INABILITY TO RECEIVE EMAILS FROM US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, IN THE AGGREGATE, EXCEED THE VALUE OF THE REWARDS EARNED BY YOU BY PARTICIPATING IN CBR REWARDS.
YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATORS’ DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. AS A CONDITION OF PARTICIPATING IN CBR REWARDS, YOU AGREED TO THIS PROVISION.
For any dispute with us, you agree to first contact us at 1-888-776-3285 and to attempt to resolve the dispute with us informally. In the unlikely event that we are unable to resolve a dispute it has with you after sixty (60) days, you and we agree to that any and all disputes, claims, and causes of action arising out of or connected with CBR Rewards or any Reward obtained through CBR Rewards, shall be resolved exclusively through binding and confidential arbitration. The arbitration will take place in the federal judicial district of your residence. As used in this provision, “we” and “us” mean us and our subsidiaries, affiliates, predecessors, successors, and assigns, and also includes any third party providing any product, service, or benefit in connection with your participation in the Program. Arbitration will be subject to the Federal Arbitration Act (Title 9, U.S. Code), and not any state arbitration law, notwithstanding any choice of law provision in the Terms and Conditions. The arbitration will be governed by the American Arbitration Association (“AAA”) rules and procedures then in effect and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”). For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
You and we must abide by the following rules: (A) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (B) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (d) we also reserve the right, in our sole and exclusive discretion, to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are EXPRESSLY PERMITTED BY APPLICABLE LAW; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
This provision will survive termination of the Terms and Conditions. With the exception of subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or our and your rights and obligations in connection with CBR Rewards, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
If you have any questions about CBR Rewards or any Reward, please contact us at 1-888-776-3285, or, you may write to us at:
Tyler J Bonar
Cord Blood Registry
1200 Bayhill Drive, 3rd Floor
San Bruno, California 94066.
Effective Date: June 1, 2016
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