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 * 1-706-733-0130
 * MY ACCOUNT

CREATE FREE ACCOUNT
 * About Xytex
    * Quality Commitment

 * Client Information
    * Donor Screening Process
    * Donor Options
    * Connect With Your Donor
    * UK Clients
    * Fertility Resources
    * Frequently Asked Questions
    * Pricing

 * Search Donors
 * Financing Now Available
 * Resources
    * What You Need
      To Know
    * Testimonials
    * Latest News
    * Licenses
    * Xytex Forms
    * Canadian Ordering Process


A DECISION YOU WILL CHERISH FOR A LIFETIME


SLEEP WELL KNOWING YOU’VE CHOSEN WELL


SIGN UP
NOW!


AND RECEIVE FREE ACCESS FOR 30 DAYS!

GO
Buy 2 vials get 1 vial complimentary on this featured donor
92080: Loves Fiercely
Donor 92080 loves learning, especially when it comes to science and technology.
He also loves just about any food - except shrimp! His parents are his heroes,
and after serving in the military for 6 years, he's a hero, too. His best day
would be spent at the beach, enjoying the cool breeze.
SEE FEATURED DONORS
Buy 2 vials get 1 vial complimentary on this featured donor
94048: Family + Fishing
Donor 94048 is a family man through and through. He loves cooking with his
children, a tradition he learned from his own mother. Country music is his
favorite, as it brings back memories of listening to music with his grandmother.
His best day would be spent fishing - even if he doesn't catch a thing!
SEE FEATURED DONORS
Buy 2 vials get 1 vial complimentary on this featured donor
94028: Keeps it Simple
Donor 94028 is a seasoned computer programmer, learning guitar in his spare
time. He hates spiders but loves coffee. As a matter of fact, his best day would
start with a big cup of high quality hot coffee!
SEE FEATURED DONORS
Buy 2 vials get 1 vial complimentary on this featured donor
92080: Loves Fiercely
Donor 92080 loves learning, especially when it comes to science and technology.
He also loves just about any food - except shrimp! His parents are his heroes,
and after serving in the military for 6 years, he's a hero, too. His best day
would be spent at the beach, enjoying the cool breeze.
SEE FEATURED DONORS
Buy 2 vials get 1 vial complimentary on this featured donor
94048: Family + Fishing
Donor 94048 is a family man through and through. He loves cooking with his
children, a tradition he learned from his own mother. Country music is his
favorite, as it brings back memories of listening to music with his grandmother.
His best day would be spent fishing - even if he doesn't catch a thing!
SEE FEATURED DONORS

When it’s a life-changing decision, your choice of sperm bank is critical. Since
1975, Xytex has helped tens of thousands of people just like you realize their
dream of starting or growing their family.


WHY XYTEX?

OUR UNMATCHED EXPERIENCE AND UNWAVERING COMMITMENT TO QUALITY SET XYTEX APART
FROM ANY OTHER SPERM BANK IN THE INDUSTRY.

 * The longest running sperm bank with over 45 years’ experience
 * Creating healthy families across the globe with shipping to over 35 countries
 * Wide array of donors from esteemed universities
 * Most adult donor photos and the most Identity Disclosed Donors available
 * Industry-leading comprehensive donor screening process

Learn More


OUR SCREENING PROCESS


THE MOST SELECTIVE, MOST
TESTED AND MOST SUCCESSFUL

ALL XYTEX DONORS* MUST PASS AN EXPANSIVE, MULTI-TIERED SCREENING PROCESS,
INCLUDING PERSONALITY AND BEHAVIORAL EVALUATIONS, GENETIC TESTING, PHYSICAL
EXAMS, PSYCHOLOGICAL AND SOCIAL EVALUATIONS AND BACKGROUND CHECKS.

*All donors entering the program after 2017.

Donor Screening Process


FAMILY PLANNING

GUARANTEE YOUR DONOR WILL BE AVAILABLE

When you envision your future family, how many kids do you see? One? Two? A
dozen? At Xytex, we encourage all parents-to-be to plan ahead by buying extra
donor vials up front and storing them for later use.

START SEARCHING



GET STARTED


YOUR PATH TO PARENTHOOD IN 3 EASY STEPS

1

CREATE AN ACCOUNT

Search hundreds of donor profiles, gain access to in-depth information, and live
chat with our helpful and knowledgeable team.

Sign up for 30-day premium access
2

FIND YOUR PERFECT DONOR

With our interactive features, you can view both child and adult photos and gain
insight from personal essays.

3

PURCHASE VIALS

Once you have selected the perfect donor, simply place your order. The vials
will be shipped to your health care provider's office in a sealed, refrigerated
tank, preserving your sample(s).

*24 hour and two-day delivery options are available.

find your sperm donor

XYTEX GIVES YOU THE COMPLETE PICTURE OF DONORS, WITH ACCESS TO BOTH BABY AND
ADULT PHOTOS, FOR A BETTER IDEA OF YOUR FUTURE CHILD'S FEATURES.

*adult photos available if provided by donor

find your sperm donor


CLIENT SUCCESS STORIES


SEE WHY FAMILIES
CHOOSE XYTEX


We are so lucky to live during a time when IVF treatment is so advanced,
including the options for using donor sperm, and are now parents to two blessed
donor sperm conceived children, thanks, in no small part, to Xytex. - JR Silver
Without Xytex, I wouldn't have the pride of my life, my little boy. - Jessica &
Ozzy
Every aspect was easy and seamless. Xytex stood out against many other banks
because others didn’t include adult photos. - Erica & Louise
...almost like online shopping but for something incredibly precious! -
Laura-Rose & Stacey
We always believed our hearts were inside of our bodies until Daisy came, and
now our hearts are running about in front of our eyes. - Debbie & Jayne
It's a very overwhelming experience and having people that are knowledgeable,
quick and patient was really helpful. - Melissa

See More Stories

To share your own testimonial with
future Xytex Families, submit your
sperm donor success story:

submit your testimonial
 * Facebook
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 * YouTube
 * Email

SEARCH DONORS

 * Search Profiles

CLIENT INFORMATION

 * Donor Screening Process
 * Donor Options
 * Connect With Your Donor
 * UK Clients
 * Fertility Resources
 * Frequently Asked Questions
 * Pricing

ABOUT XYTEX

 * About Xytex
 * Quality Commitment
 * Licenses and Accreditations
 * Recent Updates
 * Testimonials
 * Frequently Asked Questions

CUSTOMER CARE

 * Contact Us
 * Account Login
 * Online Payment
 * Your Privacy
 * Site Usage

CAREERS

 * Join XYTEX


CONNECT WITH XYTEX

Monday - Friday
8:30 a.m – 5 p.m. EST

1-706-733-0130 Local
1-800-277-3210 Toll Free

1-706-736-9720

Corporate Office

730 Peachtree St NE
Atlanta, GA 30308

United States
United States
Canada
United Kingdom
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SITE USAGE

Site Usage and Information Agreement

Effective 3rd April 2017
IMPORTANT! THESE TERMS AND CONDITIONS AREA BINDING LEGAL AGREEMENT (this
“Agreement”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS
SITE.

 

 1. AGREEMENT; ADDITIONAL TERMS; PRIVACY

This Agreement governs your use of www.xytex.com and any other website or page
offered by Xytex and its subsidiaries and affiliates that links to this
Agreement (collectively, including all associated content, communications,
tools, features, functionality and services, the “Site”). This Agreement is by
and between Xytex and its subsidiaries and affiliates (referred to herein as
“Xytex”, “we”, “us”, or “our”) and you, on behalf of yourself, individually, or
the organization on whose behalf organization you have registered (in either
case, “you”). If you access the Site in your capacity as an employee, owner, or
otherwise as an agent of an entity, you represent and warrant that you have the
authority to bind such entity to the terms of this Agreement. You are deemed to
have accepted this Agreement by accepting this Agreement and/or by using,
viewing, transmitting, caching, storing and/or otherwise utilizing the Site, the
services or functions offered in or by the Site and/or the contents of the Site
in any way. For clarity, upon such access and use, you shall have agreed to each
and all of the terms and conditions set forth below, and waive any right to
claim ambiguity or error in this Agreement. If you do not agree to any portion
of this Agreement, please discontinue use of the Site immediately. We reserve
the right, at our sole and absolute discretion, to change, modify, add, or
remove portions of this Agreement at any time without prior notice and, unless
otherwise indicated, such changes will become effective immediately when an
updated version of this Agreement is posted online; therefore, please check this
Agreement periodically for changes. Your continued use of the Site following the
posting of changes to this Agreement will mean you accept those changes. Please
print and retain a copy of this Agreement, as it may be changed from time to
time, for your records.

 

Certain products and services that we offer are governed by both this Agreement
and additional terms specific to that product or service (“Additional Terms”).
The terms of this Agreement and all applicable Additional Terms are
collectively, the “Service Terms”. In the event of any conflict between this
Agreement and the Additional Terms, such Additional Terms shall control with
respect to your use of the product or service to which they apply only.

 

Along with this Agreement, please read our Privacy Policy before you submit any
personal information to us. The Privacy Policy is hereby incorporated and made
part of this Agreement.

 

 1. USER ELIGIBILITY; YOUR ACCOUNT

The Site is available only to individuals and entities that can form legally
binding contracts under applicable law. Without limiting the foregoing, the Site
and the services offered by the Site are not available to minors under 18 or
under the age of majority in their jurisdiction of residence, if older than 18.
If you cannot form a legally binding contract due to age or otherwise, leave the
Site and do not use the Site.

 

In consideration of your use of the Site, you represent, warrant and covenant to
us that:

 1. If you access the Site in your capacity as an employee, owner, or otherwise
    as an agent of another person or entity, you agree on behalf of yourself and
    such person or entity, jointly and severally, to be bound by the Service
    Terms.

 

 1. You are at least 18 years old, or the age of majority in your jurisdiction
    of residence if older than 18, you are competent to form contracts, and you
    have the capacity and authority necessary to enter into, and perform your
    obligations under, the Service Terms (including on behalf of such person or
    entity, if applicable), and you are not a person barred from using the Site
    receiving products and services from us under the laws of the United States
    or any other applicable jurisdiction.

 

 1. You will comply with all applicable laws, rules and regulations of all
    applicable jurisdictions in connection with your use of the Site and our
    products and services.

 

 1. The Site and the materials located on or through the Site are provided by us
    for informational purposes only, with the understanding that we are not
    engaged in the rendering of health-related, medical, genetic, legal or other
    professional advice or services on account of providing such materials. The
    information contained in or through the Site is based upon sources believed
    to be accurate and reliable. However, we make no representation or warranty
    as to its accuracy, suitability, completeness or fitness for a particular
    purpose. You should consult your own professional advisors, including a
    physician or other health care professional, for health-related, medical or
    genetic advice, and attorney or other appropriate professional, concerning
    the terms and conditions of this Agreement and/or compliance with any legal
    requirement.

 

 1. In order to access certain features of the Site, you may be required or
    allowed to register by providing certain profile and contact information. If
    you are a registered user, you are solely responsible for maintaining the
    confidentiality of your account information, including password, and you
    agree to accept responsibility for all activities that occur under or
    through your account. You agree (a) to immediately notify us of any
    unauthorized use of your account or password or any other breach of
    security, and (b) ensure that you exit or log out from your account at the
    end of each session. It is your sole responsibility to control access to and
    use of your account, and notify us should you desire to cancel your account.
    We will not be responsible or liable for any loss or damage arising from
    your failure to comply with this paragraph. We reserve the right to refuse
    accounts and terminate accounts at our sole discretion.

 

III. RESTRICTIONS ON USE

You acknowledge and agree that the features, tools, functionality, applications,
materials, data and other information, content (including their selection and
arrangement), services and software (including all text, logos, photographs,
graphics, images, video, audio, illustrations, software, html, source and object
code, algorithms, business logic, modules, programs, links and other materials),
product names, logos, designs, service marks, trade marks, trade dress, titles,
and certain words or phrases, in each case displayed on, transmitted through, or
accessed or used on, within, or in connection with the Site (all of the
foregoing, collectively, “Service Content”), are intellectual property protected
by copyright, trademark or other proprietary rights of Xytex or its licensors,
suppliers or other designees, which rights may or may not be registered in
certain jurisdictions. You acknowledge and agree that Xytex and its licensors,
suppliers or other designees reserves and retains, for itself and such third
parties, as applicable, all intellectual property and other proprietary rights
of any and all kinds in connection with the Site and Service Content, and you
will not acquire any interest therein by using the Site or Service Content. You
also agree to comply with any additional copyright notices, information, or
restrictions contained in any Service Content available on or accessed through
the Service.

 

No Service Content or material from any other Internet site owned, operated,
licensed, or controlled by us may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way without our prior written
permission in each instance. For purposes of this Agreement, the use of any such
material on any other Web, Internet, intranet, extranet or other site or
computer environment is prohibited. You may not frame or utilize framing
techniques to enclose any of our trademarks, logos, or other proprietary
information (including images, text, page layout, or form) without our prior
express written consent. You may not use any meta tags or any other hidden text
utilizing our name, trademarks or other proprietary information without our
prior express written consent.

 

Unless indicated otherwise, all names, logos, trademarks, service marks, trade
dress and trade names on the Site are proprietary to Xytex. We consider our
trademarks to be valuable assets, and take infringement of them seriously.
Following is a list of the trademarks used on this site and owned by Xytex:

Xytex, Patriach, Super Sperm, PhotoFile, BabyFile, AudioFile, VideoFile, XTS,
xyGene, xyConnects, and Ovations.

 

In the event you are permitted to download software from the Site, the software,
including any files, images incorporated in or generated by the software, and
data accompanying the software (collectively, the “Software”) we hereby grant
you a limited, revocable license, without the right to sublicense, to use the
Software to the limited extent necessary to use the Site and our services. We do
not transfer title to the Software to you. You own the medium on which the
Software is recorded, but we (or third party licensors) retain full and complete
title to the Software and all intellectual property rights therein. You may not
redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-readable form.

 

You may not: (a) engage in harvesting of email addresses or other personal
information, unsolicited emailing, telephone calls or mailings, spoofing,
flooding, overloading, spidering, “screen scraping,” “database scraping,” or any
other activity with the purpose of obtaining lists of users or other non-public
information through the Site or attempt to gain unauthorized access to any
portion of the Site or any other computer systems, networks or platforms linked
to the Site. You agree that you will not use the Site in any manner that 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.

 

 1. SUBMISSIONS

We are pleased to hear from our users and welcome your comments regarding the
Site and the products and services offered in connection with the Site.
Unfortunately, however, our long-standing company policy does not allow us to
accept or consider creative ideas, suggestions, or materials other than those
that we have specifically requested. We employ staff and consultants who may be
working on the same or similar ideas. We hope you will understand that it is the
intent of this policy to avoid the possibility of future misunderstandings when
projects developed by our professional staff and/or consultants might seem to
others to be similar to their own creative work. Please do not send us any
unsolicited original creative materials of any kind. While we do value your
feedback on your experience using the Site and the services and products offered
in connection with the Site, we request that you be specific in your comments
with respect to the same, and not submit any creative ideas, suggestions, or
materials (unless specifically requested by us).

 

If, at our request, you send certain specific submissions or, despite our
request, you send us creative suggestions, ideas, notes, drawings, concepts, or
other information (collectively, the “Submissions”), the Submissions shall be
deemed, and shall remain, our property. None of the Submissions shall be subject
to any obligation of confidentiality on our part and we shall not be liable for
any use or disclosure of any Submissions. Without limitation of the foregoing,
we shall exclusively own all now known or hereafter existing rights to the
Submissions of every kind and nature throughout the world and shall be entitled
to unrestricted use of the Submissions for any purpose whatsoever, commercial or
otherwise, without compensation or notice to, or approval by, the provider of
the Submissions. Xytex does not waive any rights it may have to ideas previously
known to it or developed by its employees and representatives, or obtained from
sources other than you, which ideas are similar or related to Submissions.

 

 1. FORUMS AND PUBLIC COMMUNICATION

“Forum” means a chat area, message board, or interactive function or feature
offered as part of the Site. If you participate in a Forum within the Site, if
applicable, you must not: (i) defame, abuse, harass or threaten others; (ii)
make any bigoted, hateful or racially offensive statements; (iii) advocate
illegal activity or discuss illegal activities with the intent to commit them;
(iv) post or distribute any material that infringes, misappropriates and/or
violates any right of a third party or any law; (v) post or distribute any
vulgar, obscene, discourteous or indecent language or images; (vi) advertise or
sell to, or solicit others; (vii) use the Forum for commercial purposes of any
kind other than to facilitate a transaction on the Site; (viii) post or
distribute any software or other materials which contain a virus or other
harmful component; (ix) post material or make statements that do not generally
pertain to the designated topic or theme of any Forum; or (x) submit any content
that negatively reflects on the Site or the Xytex brand and its goodwill, or is
otherwise objectionable as determined in Xytex’s sole discretion. Nor may you
submit any content to a Forum that advertises or links to other sites for your
commercial purposes, include viruses, corrupted data or other harmful,
disruptive or destructive files, or may expose the Site or its users to any
harm. You shall remain solely responsible for the content of your messages and
shall indemnify and hold the Indemnified Parties (described in Part VIII below)
harmless for the content of such messages. We reserve the right to remove or
edit content from any Forum at any time and for any reason. While we may review
content posted to or through a Forum, we are under no obligation to do so.

 

By uploading materials or posting any content to any Forum or otherwise
submitting any materials to us, you (1) represent and warrant that such material
or content is original to you, no other party has any rights in it, and it
complies with this Agreement, and (2) automatically grant us a perpetual,
royalty-free, irrevocable, non-exclusive, fully transferable, assignable,
sub-licensable right and license to use, reproduce, modify, adapt, publish,
translate, publicly perform and display, create derivative works from and
distribute such materials or incorporate such materials or content, including
all data, images, creative works, sounds, text, and other things embodied in it,
into any form, medium, or technology now known or later developed throughout the
world. In addition, you waive any rights to compensation, attribution or any
other “moral rights” in such materials and content.

 

When participating in a Forum, proceed with caution and never assume that people
are who they say they are, know what they say they know, or are affiliated with
whom they say they are affiliated with in any chat room, message board, or other
user generated content area. In the event that you connect with us outside of
the Site through any third party social media or sharing platform such as
Facebook®, Twitter Inc., your use of such platform is subject to that platform’s
separate terms and conditions.

 

 1. CONTENT LINKED TO THE SITE

Links to other sites we think may be of interest to you are provided for your
convenience. By providing these links, we are not endorsing, sponsoring or
recommending such sites or the materials disseminated by or content or services
provided by them (“Third Party Content”), and are not responsible for the Third
Party Content. We reserve the right to disable links from any third party sites
to the Site. We make no representations concerning Third Party Content that may
be referenced on the Site, and are not responsible for the accuracy, relevancy,
copyright compliance, legality or decency of Third-Party Content. Nor do we have
any control over the privacy practices of any third party sites. We encourage
you to review the privacy policy and terms of use for any site to which you link
to from this Site.

 

VII. DISCLAIMERS

ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE
OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM
SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT
PERSONAL OR PRIVATE INFORMATION. YOU AGREE THAT YOU USE THE SITE AT YOUR OWN
RISK. ANY AND ALL CONTENT, SERVICES AND MATERIALS ACCESSIBLE ON, OR THROUGH THE
SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE
ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY,
RELIABILITY, USEFULNESS OR COMPLETENESS OF OUR SERVICES, CONTENT OR MATERIALS
ACCESSIBLE ON, OR THROUGH THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT,
DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS,
AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS
OR FUNCTIONS ACCESSIBLE ON, OR THROUGH THE SITE WILL BE CONTINUOUSLY AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE,
SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES,
CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS,
FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION AS A RESULT OF USING THE SITE AND OUR SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.

 

In the event we are held liable for any damages related to such matters, your
sole and exclusive remedy will be limited to reimbursement for actual
out-of-pocket expenses for services or products paid by you to us. You hereby
waive any and all rights to bring any claim or action related to such matters in
any forum beyond one (1) year after the first occurrence of the kind of act,
event, condition or omission upon which the claim or action is based.

 

The Indemnified Parties (described in Part VIII below) are not responsible for
telephone, electric, electronic, network, Internet, computer, hardware or
software program malfunctions, failures, delays or difficulties, or late, lost,
stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due
mail, e-mail, form postings, connections, messages or entries, or the security
of any and all such matters.

 

Further, such Indemnified Parties are not responsible for incorrect or
inaccurate entry information, whether caused by Internet users or by any of the
equipment or programming associated with or utilized in the Site or by any
technical or human error which may occur in the processing of any information
related to the Site.

 

We may prohibit you from participating in or utilizing the Site if in our sole
and absolute discretion you show a disregard for the terms of this Agreement or
act with the intent to annoy, abuse, threaten, or harass any other user, or in
any other disruptive manner. We also reserve the right to refuse service,
terminate accounts, remove or edit content or cancel orders in our sole and
absolute discretion.

 

We reserve the right to suspend access or discontinue the Site, in whole or in
part, at any time, for any reason, including infection by computer virus, bugs,
tampering, unauthorized intervention, fraud, technical failures, or any other
causes beyond the reasonable control of Xytex, without prior notice.

 

You also agree that the Indemnified Parties (described in Part VIII below) are
not responsible or liable in any way for injury, loss or damage to your computer
or interception or use of credit card or payment information, related to or
resulting from use of the Site or any sites, services or materials linked or
related thereto or there from and also are not responsible or liable in any way
for any injury, loss, claim or damage relating to or resulting from any part of
the Site operating or not operating on computers or networks used by you or
communicating with such computers or networks.

 

Although we intend that product descriptions contained in the Site be current
and accurate, we make no warranty or representation that descriptions of
products in the Site are accurate, complete, current, or reliable in any or all
respects.

 

WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR
INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL
NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, EMAIL ADDRESSES, REGISTRATION
AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR
TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS
ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.

 

NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF
THE INDEMNIFIED PARTIES (DESCRIBED IN PART VIII BELOW) WILL CREATE A WARRANTY OF
ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE
THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT
ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE
SITE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL
HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON
THE SITE.

 

Search and Directory are free services which may be offered in connection with
the Site. Because online content changes constantly, no search engine technology
can possibly have all accessible data at any given time. Thus, we explicitly
disclaim any responsibility for the content or availability of information
contained in any search index or directory offered in connection with the Site.

 

The Site may contain technical inaccuracies or typographical errors or
omissions. Xytex is not responsible for any typographical, photographic, or
technical errors on our Site. Xytex reserves the right to make changes,
corrections and/or improvements to the Site, and to the products and programs
described in such information, at any time without notice.

 

VIII. INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your
password and account and for all activities that occur under your account. You
hereby indemnify, defend and hold us (including our subsidiaries and
affiliates), our suppliers and licensors, and each of such person’s or entities’
officers, directors, agents, contractors, subcontractors, guests, residents,
visitors, licensees, invitees, permitees and employees (collectively, the
“Indemnified Parties”) harmless from and against any and all allegations,
demands, claims, liabilities, damages, fines, penalties or costs of whatsoever
nature (including reasonable attorneys’ and experts fees and court costs) and
whether by reason of death of or injury to any person or loss of or damage to
any property or otherwise (“Claims”) arising out of or in any way connected with
this Agreement, the services or products provided to you by us through the Site
or any related act or failure to act by you and whether or not occasioned or
contributed to by the negligence of Xytex or any agent or employee of the
Indemnified Parties or any of them (except as and to the extent prohibited by
applicable law) or Claims arising from your account, including, without
limitation, any Claims related to infringement by you of the intellectual
property rights of any person, including without limitation, copyright, patent,
trade secret, trade mark, artist rights, droit moral, privacy, publicity or
rights under other intellectual property laws. In the event that any Claim is
made or any action or proceeding is brought against the Indemnified Parties, or
any of them, arising out of or connected with this Agreement, any such
Indemnified Party may, by reasonable notice to you, require you, at your
expense, to resist such Claim or take over the defense of any such action or
proceeding and employ counsel for such purpose, such counsel to be subject to
the prior written approval of such Indemnified Party, which approval shall be
deemed to have been given hereby in the case of counsel acting for your
insurance underwriters engaged in such resistance or defense. You shall
cooperate with us in the defense of any Claim. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you.

 

 1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE
LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE
OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE
OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR
RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS
OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR
NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY
OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE
SITE OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU ARE DISSATISFIED
WITH THE SITE OR ANY OF THE PRODUCTS, OR SERVICES IN CONNECTION THEREWITH OR
ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL
BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE
WITH THE TERMS HEREOF.

 

 1. RELEASE

BY UTILIZING THE SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED
PARTIES ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT RESPONSIBLE
OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE (INCLUDING
WITHOUT LIMITATION, ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY, DEATH,
PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION
OF PRIVACY, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) THAT MAY OCCUR FROM USE
OF THE SITE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION,
MATERIALS, SERVICES OR PRODUCTS RELATED THERETO OR ACQUIRED THEREFROM. WE
RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY TO RESTRICT OR REFUSE ACCESS
TO THE SITE AND ITS SERVICES, CONTENT, MATERIALS AND FUNCTIONS TO ANYBODY. WE
FURTHER RESERVE THE RIGHT TO SEEK ANY FORM OF RELIEF, INCLUDING WITHOUT
LIMITATION ATTORNEYS’ FEES, RELATED TO FRAUDULENT OR ILLEGAL ACTIVITY CONNECTED
WITH THE USE OF THE SITE.

 

 1. JURISDICTIONAL ISSUES

We make no representation that the services or products offered in the Site are
appropriate or available for use in any particular location. Those who choose to
access the Site and our products and services do soon their own initiative and
are responsible for compliance with local laws in their jurisdiction. If use of
the Site and/or viewing or use of any material or content on the Site orif use
of our products or services violates any applicable law in your jurisdiction,
you are not authorized to view or use the Site, products and/or services and
must discontinue use immediately. Your viewing and/or use of the Site
constitutes your representation that you are unconditionally and without
limitation permitted to view and use the Site and the Indemnified Parties may
rely upon such representation. The Site is operated from the United States and
it is possible that some Software from the Site may be subject to United States
export controls. No Software from the Site may be downloaded or otherwise
exported or re-exported to any person or to any location in violation of the
export laws of the United States or any other jurisdiction. By downloading or
using the Software, you represent and warrant that you are not located in a
restricted location, or a restricted person or under the control of a restricted
person.

 

XII. TERMINATION

This Agreement, as amended, remains effective during all periods of time during
which you access the Site, our products or services. Your access to the Site may
be terminated immediately without notice from us if in our sole and absolute
discretion you fail to comply with any term or provision of this Agreement. Upon
termination, you must cease use of the Site and destroy all materials obtained
from such site and all copies thereof, whether made under the terms of this
Agreement or otherwise. All rights and obligations which by their nature are
intended to survive the termination of your use of the Site and/or termination
of this Agreement in order to be fully operative, shall survive termination
including, without limitation, the following provisions: Agreement; Additional
Terms; Privacy (Part I), User Eligibility; Your Account (Part II); Restrictions
on Use(Part III); Submissions (Part IV); Forums and Public Communications,
second to last paragraph (Part V); Disclaimers (Part VII); Indemnification (Part
VIII); Limitation of Liability (Part IX); Release (Part X); Termination (this
Part XII); General Provisions (Part XIII); and Notice and Procedure for Making
Claims of Copyright Infringement (Part XV).

 

XIII. GENERAL PROVISIONS

You shall comply with all applicable laws, statutes, ordinances and regulations
regarding your use of the Site and your solicitation of offers to purchase
and/or sell products and/or services. This Agreement shall be governed by and
construed in accordance with the laws of the State of Georgia, U.S.A., without
giving effect to any principles of conflicts of law. You agree that (1) any
action at law or in equity arising out of or relating to the terms of this
Agreement, our products or services shall be resolved individually, without
resort to any form of class action, and filed only in the state or federal
courts located in Richmond County, Georgia, U.S.A., and you hereby consent and
submit to the personal jurisdiction of such courts for the purposes of
litigating any such action, and (2) any and all claims, judgments and awards
shall be limited to your actual-out-of-pocket costs incurred, but in no event
attorneys’ fees, and under no circumstances will you be permitted to obtain
awards for, and you hereby waive, all rights to claim any indirect, punitive,
incidental, and consequential damages and any other damages, other than for
actual out-of-pocket expenses, and any and all rights to have damages multiplied
or otherwise increased. If any provision of this Agreement shall be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions. This is the entire agreement between
us relating to the subject matter of this Agreement and shall not be modified
except as otherwise set forth in this Agreement. No waiver of any term,
provision or condition of this Agreement, whether by conduct or otherwise, in
any one or more instances, shall be deemed to be, or shall constitute, a waiver
of any other term, provision or condition of this Agreement, whether or not
similar, nor shall any waiver constitute a continuing waiver of any such term,
provision or condition of this Agreement. No waiver shall be binding unless
executed in writing by the party making the waiver. You agree that you will
execute and deliver to us, in recordable form if necessary, such further
documents, instruments or agreements, and shall take such further action, that
may be necessary or appropriate to effectuate the purposes of this Agreement.

 

XIV. DIGITAL SIGNATURE PROVISIONS

You further agree that your clicking to accept terms and conditions on the Site
constitutes a valid, legal and binding electronic signature and that you will
have formed, executed, entered into, accepted the terms of, and otherwise
acknowledged and agreed to the applicable terms.

 

 1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

In accordance with the U.S. Digital Millennium Copyright Act, notifications of
claimed copyright infringement should be sent to our Designated Agent.
Notification must be submitted to the following Designated Agent:

 * Name of Agent Designated to Receive Notification of Claimed Infringement:
   Copyright Agent
 * Full Address of Designated Agent to Which Notification Should be Sent: 1100
   Emmett Street, Augusta GA 30904 U.S.A.
 * Email Address of Designated Agent: info@xytex.com

To be effective, the notification must be a written communication that you can
mail or email to us as indicated above that includes the following:

 1. A full and complete identification of the copyrighted work you claim was
    infringed.
 2. A clear identification of the material you claim is infringing the
    copyrighted work, the Site on which the material is posted and information
    that will allow us to locate that material on the Site, such as a link to
    the infringing material.
 3. Your name, address, email and telephone number.
 4. Include the following statement, signed by you: “I have a good faith belief
    that the material that is claimed as copyright infringement is not
    authorized by the copyright owner, its agent, or the law.”
 5. Include the following statement: “I swear, under penalty of perjury, that
    the information in the notification is accurate and I am the copyright
    owner, or am authorized to act on behalf of the owner, of an exclusive right
    that is allegedly infringed.”
 6. The notice must be signed by the person authorized to act on behalf of the
    owner of an exclusive right that is allegedly infringed.

 

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PRIVACY POLICY

Privacy Policy

Effective 3rd April 2017

 

Xytex Corporation and its subsidiaries and affiliates(“Xytex,” “we” or “us” or
“our”) offers www.xytex.com and any other website, which references or links to
this Privacy Policy, including all associated content, communications, tools,
features, functionality and online services (collectively, the “Site”), subject
to the terms of this Privacy Policy. If you visit our Site or submit any
information to Xytex, you accept the terms and conditions of this Privacy
Policy. Please read them carefully.

 

 1. Information We Collect; How We Use It.

We may collect personally identifiable and/or anonymous information from you in
the course of your use of our Site as further described in this Privacy Policy.
Personally identifiable information (or personal information) is information
that can identify you, such as your full name, mailing address, email address,
and telephone number. In some cases, Donor Information (described below),
stories and comments submitted by our users could be used to personally identify
the user. You may provide information to us. In other instances, information
about you or your activities may be automatically collected, as described below.

 

We collect personally identifiable information that you provide to us when you
register to use the Site or any portion of the Site, like xyConnects, register
to receive our newsletter, request information or services from us, or otherwise
communicate or interact with us online. We also may receive information about
you from third-party sources and add it to the information you have provided to
us.

 

We use your personally identifiable information for a variety of business
purposes, including to provide information or services you request, to
communicate with you about them, to do all things necessary to administer the
Site and our services, and manage, protect and improve them.

We are not responsible for the information you volunteer about yourself or
choose to make public in discussions in our forums or other interactions through
the Site that are accessible to other users.

 

 2. Donor Information.

We collect a variety of information from donors, including personal information,
such as name and contact information, that can be used to identify or contact a
donor. While we do not intentionally release personally identifying information
of donors without their consent, it is possible that certain information like
hair color, eye color, race, ethnic origin, height, weight, baby picture,
medical history and other information you submit to us for inclusion in a donor
profile (“Donor Information”) could result in persons familiar with you
recognizing you.

 

 3. Information Collected Automatically; How We Use It.

Whenever you visit or interact with the Site, we, or our service providers, may
use assorted technologies that automatically or passively collect information
about how a website is accessed and used. We refer to this information as
traffic data. Like most website operators, we use cookies (small data files
stored on your computer or mobile device by your web browser upon visiting a
website) and pixel tags (transparent graphic image, sometimes called a web
beacon or tracking beacon, placed on a web page or in an email, which indicates
that a page or email has been viewed) to operate our Site efficiently and as
intended and to collect traffic data. Traffic data includes, but is not limited
to, your browser type, operating system, IP address, mobile device
identification number, the sites visited before and after our websites, and your
interactions with our Site, such as the time and date when you viewed a page,
and whether you filled out an online form. If you set your web browser to block
cookies when using the Site, some aspects of the Site may not function as
intended. Some browsers may also allow you to block certain web beacons and
similar tracking codes. Please refer to your browser’s documentation if you wish
to block cookies, web beacons, and/or similar tools.

 

We use information gathered through these tools to improve the way our Site
works, for example by employing third-party analytics tools which aggregate
anonymized user information to help us better design our Site, and to enhance
the functionality of our Site, for example by remembering preferences or other
choices that you make, such as user names and the like. By allowing us to
understand how you use our Site over time, these tools can help us provide you
with a better, more relevant online experience.

 

 4. Do Not Track Requests; Third-Party Tracking.

Unless your browser settings are configured to make your online activities and
publicly available information about your online activities (such as traffic
data described above under #3) invisible to usage analytics tools, we do not
presently have the capability to omit you from our analytics to the extent your
browser only sends us a “do not track” message and does not otherwise screen you
from tracking without action on our part. While we, or vendors on our behalf,
may track the websites you visited before and after our website as part of the
traffic data described above for our internal business purposes, we do not
authorize other third parties (e.g., advertisers) to do so, but it is
nonetheless possible that third parties may do so for their own purposes with
respect to which we may have no knowledge or control.

 

 5. Information We Share with Third Parties.

We share Donor Information with users as described on the Site. We may use third
parties to help operate our Site, deliver and improve our services through the
Site, and develop our offerings, and we may share information we have about you
with such third parties for such purposes. These third parties are not
authorized by us to use any of your personally identifiable information except
as needed for such purposes.

 

We reserve the right to transfer any information we have about you in connection
with a sale, merger, consolidation, change in control, transfer of assets,
reorganization or liquidation of our business.

 

We reserve the right to disclose any information as needed if that information
is requested by law enforcement agencies or if we are required to do so by
applicable law. Users should also be aware that courts of equity, such as U.S.
Bankruptcy Courts, might have the authority under certain circumstances to
permit personally identifiable information to be shared or transferred to third
parties without permission.

 

Xytex is based in the United States of America. Any personally identifiable
information you provide may be stored and maintained in our databases in the
United States or transferred to our databases outside the United States. By
providing us with your information, you consent to this transfer.

 

 6. Opt-Out.

If you receive a newsletter or similar promotional email from us, you will be
given the option to “unsubscribe” from receiving further emails from us. Your
election not to receive promotional and marketing materials will not preclude us
from corresponding with you, by email or otherwise, regarding your existing or
past business relationships with us (e.g., any purchase of our products), or to
respond to requests for information you pose to us, and will not preclude us
from accessing and viewing your personally identifiable information in
maintaining and improving our Service.

 

 7. Security.

We use reasonable precautions to protect personally identifiable information
from loss, misuse, or alteration, as appropriate to the sensitivity of the
information in our control. Although guaranteed security does not exist on the
Internet or offline, we make reasonable efforts to handle such information
consistent with this Privacy Policy and applicable laws.

 

 8. Minors; Children’s Privacy.

This Site is not intended for, or designed to attract, minors under the age of
18 or the applicable age of majority in their jurisdiction of residence (if
higher than 18). In particular, no children under the age of 13 should provide
any personally identifiable information to us, and we do not knowingly collect
such information from such persons. If we learn that we have collected the
personally identifiable information of such a person we will take steps to
delete the information as soon as possible. Children under the age of majority
in any non-U.S. jurisdiction should not provide any personally identifiable
information without their parent’s consent.

 

 9. California Privacy Rights.

Pursuant to Section 1798.83 of the California Civil Code, residents of
California have the right to request from a business, with whom the California
resident has an established business relationship, what types of personal
information the business shares with third parties for direct marketing purposes
by such third party and the identities of the third parties with whom the
business has shared such information in the immediate preceding calendar year.
To access this information, please contact us by email at info@xytex.com or mail
at 1100 Emmett Street, Augusta, Georgia 30904, Attn: CA Privacy Request.

 

 10. Changes to this Privacy Policy.

We may occasionally update this Privacy Policy. We encourage you to review this
Privacy Policy from time to time to stay informed about how we are protecting
the personally identifiable information we collect. If you continue to use our
site or services after we have attempted to contact you about material changes
to the Privacy Policy, we will assume that you agree to the changes.

 

 11. Contact.

If you have any questions or comments about our Privacy Policy, or desire to
update your contact information, please feel free to contact us.

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Thank you for registering a clinic account on Xytex. Your information has been
recorded and our administration will review your information and respond as soon
as possible. Please feel free to contact us with any questions.

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