LEGAL DISCLAIMER
This website is created and controlled by Octapharma Plasma, Inc. (“Octapharma Plasma”).
By using this website you agree to abide by the terms and conditions set out below (“Terms”). If you do not agree to abide by these Terms do not use this website.
Intellectual Property Rights
This website and all pages and materials related therein, including but not limited to information, text, images, photos, illustrations, trademarks, designs, icons, photographs, videos messages, advertisements, and other content or materials that appear as part of this website (collectively, the “Content”) are subject to copyright, trademark, trade dress and/or other intellectual property rights owned, controlled, licensed or used with permission by Octapharma Plasma. Except as specifically outlined below, nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any patent, trademark or copyright of Octapharma Plasma or any third party. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content except for your own personal, non-commercial use.
All trademarks, logos, slogans, designs, images, product and company names referred to in this website are the property of their respective owners and should not be used in whole or in part in any jurisdiction without the prior written consent of its owner. Nor should any graphic that is substantially similar to any trademark, logo or name referred to on this website be so used.
Octapharma Plasma holds all intellectual property rights in relation to all products and or services referred to on this website, unless otherwise indicated to the contrary. No representations should be made in relation to the manufacture, sale or distribution of Octapharma Plasma products or services except with the prior written consent of Octapharma Plasma.
Copyright Protection
Copyright in this website and all Content contained on this website is owned by Octapharma Plasma, unless otherwise indicated. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to this website or any Content.
Octapharma Plasma reserves all rights in the content and design of this website. Unless permitted in writing by Octapharma Plasma, you may not reproduce, use or copy this website or any Content for any purpose other than for your personal, noncommercial use. You may not use commercially any information, products or services on this website and you may not cause any of the Content on this website to be framed or embedded into another website without written permission from Octapharma Plasma.
No Warranties or Representations
THIS WEBSITE AND THE CONTENT, PRODUCTS, SERVICES, FUNCTIONS, SOFTWARE, PROGRAMS, INFORMATION AND MATERIALS MADE AVAILABLE OR ACCESSED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
To the fullest extent permissible by law, Octapharma Plasma expressly disclaims all representations and warranties, express or implied, in connection with or in respect of this website, the Content or materials on this website, information and functions made accessible or accessed through this website, and/or the products or services referred to on it – including, without limitation any representations or warranties of any kind in relation to: the accuracy, reliability, security, quality, availability or completeness of this website or the Content contained in this website;
the accuracy, reliability, security, quality or completeness of any information contained in any website hyperlinked to this website;
the functions, software, third party applications, programs and/or devices contained in or accessed through this website, including without limitation that they will function uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available is free of viruses or other harmful components;
the therapeutic or other qualities of any products or services manufactured, supplied or distributed by Octapharma Plasma;
any performance results specified in this website in respect of any products manufactured, supplied or distributed by Octapharma Plasma or its related entities.
The Content on this website is provided on the basis that all persons accessing the website undertake the responsibility for assessing the accuracy and completeness of the Content and that they rely on it entirely at their own risk. Octapharma Plasma (including its directors, affiliates, officers, employees, agents, contractors, successors and assigns) does not accept any liability for loss or damages incurred by any person as a result of reliance placed upon the Content of this website or any other information incorporated by reference.
Octapharma Plasma is providing the “Google Translate” option to assist you in reading the website in languages other than English. Google Translate cannot translate all types of documents, and may not provide an exact translation. Anyone relying on information obtained from Google Translate does so at his or her own risk. Octapharma Plasma does not make any promises, assurances, or guarantees as to the accuracy of the translations provided. OCTAPHARMA PLASMA, ITS OFFICERS, EMPLOYEES, AND/OR AGENTS SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO, DAMAGES OR LOSSES CAUSED BY RELIANCE UPON THE ACCURACY OF ANY SUCH INFORMATION, OR DAMAGES INCURRED FROM THE VIEWING, DISTRIBUTING, OR COPYING OF SUCH MATERIALS.
User Content
These Terms apply to each visitor to and user of this website, including unregistered and registered users (individually “User” and collectively, “Users”). Octapharma Plasma has no duty to pre-screen content posted on the website by Users, whether directly contributed by the User or contributed by us or a third party on behalf of the User, including, without limitation, postings, messages, testimonials, text, files, images, photos, forum or blog or any other content provided by a User to this website (“User Content”).
All User Content is the sole responsibility of the User who contributed such content, whether such User contributed the content directly or through a third party website. You understand that Octapharma Plasma does not control, and is not responsible for User Content made available through this website and specifically disclaims any liability related thereto. All Users represent and warrant that they own or otherwise control and have all legal rights to the content submitted by them and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the User Content.
Octapharma Plasma further reserves the right to decline to permit the posting on this website or to remove from this website, any User Content that violates the Terms, any applicable law or regulation or any guidelines posted on this website, each as determined in Octapharma Plasma’s sole discretion. Finally, Octapharma Plasma reserves the right (but does not assume the obligation) to edit User Content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.
User Content shall not: (a) infringe anyone’s rights, violate the law or otherwise be inappropriate; (b) include personal information that can be used to identify or contact any person without that person’s explicit consent; (c) include promotional content that would promote other websites, businesses, services or products unaffiliated with the website without our express permission; (d) be unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, or invasive of another’s privacy; (e) be obscene, abusive, discriminatory or illegal; (f) be false or misleading; (g) contain any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the website or the proper functioning of any software, hardware, equipment or materials used in connection with this website; or (h) be bulk unsolicited advertising, promotional information, email, or other solicitation, including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort.
Although Octapharma Plasma does not claim ownership of User Content, you grant Octapharma Plasma and its affiliates and related entities an irrevocable, perpetual, non-exclusive right to use, copy, perform, display and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. You also grant Octapharma Plasma the ability to copyright and protect the User Content, including the images, copy, and content, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist Octapharma Plasma, at our expense and control, to protect such copyrighted material from unauthorized redistribution.
Indemnity
You agree to defend, indemnify and hold harmless Octapharma Plasma, its affiliates, licensors, related entities and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of this website, including, but not limited to, your User Content, any use of the website’s Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from this website.
Limitation of Liability
In no event shall Octapharma Plasma (including its directors, affiliates, officers, employees, agents, contractors, successors and assigns) be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, profit earnings, or lost opportunities, arising out of or in any way connected with (i) this website, (ii) these Terms, (iii) any breach of these Terms by you or a third party, (iv) the use or performance of our products or services, (v) any User Content and/or (vi) interaction between this website and any third party website, including without limitation social media sites. These limitations and exclusions apply without regard to whether the damages are based on contract, tort, negligence, strict liability or otherwise even if Octapharma Plasma has been advised of the possibility of damages.
Where liability cannot be excluded, any liability incurred by us in relation to the use of this website or the content is limited as provided under s 68A of the Trade Practices Act 1974 (Cth).
Governing Law and Jurisdiction
All matters relating to this website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED IN NORTH CAROLINA WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Third Party Websites and Applications
As a convenience to you, Octapharma Plasma may provide, on this website, links to websites and applications operated by other entities (“Linked Sites”). If you use these Linked Sites, you will leave this website. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. If you link to, or are redirected to a Linked Site, you should read that Linked Site’s privacy policy before disclosing any personal information.
This website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the website, send e-mails or other communications with certain content, or links to certain content, on this website, or cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by Octapharma Plasma and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Octapharma Plasma (including its directors, affiliates, officers, employees, agents, contractors, successors and assigns) makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.
Links do not imply that Octapharma Plasma is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Octapharma Plasma.
All links to this website must be approved by Octapharma Plasma. Octapharma Plasma reserves the right to revoke this consent to link at any time in its sole discretion.
Social Media Websites
If this website offers a product or service which allows you to access or use any profile or other information about you that you have provided to Facebook or another third party website (each a ” Social Media Site “) and you decide to use such a product or service, you acknowledge and agree that: (i) the information or content that are a part of your Social Media Site profile, which you have designated as “public” (or a similar designation) (with such information or content and referred to herein as “Social Media Content”) may be accessed and used by us in connection with the Site; (ii) the Social Media Content will be considered “User Content” under these Terms and both you and we shall have the same rights and responsibilities as you and we have with respect to User Content under these Terms; (iii) in the event that the Social Media Content was for any reason misclassified with a public or similar designation or is otherwise inaccurate or to which you do not agree with for any reason, you agree to work with the Social Media Site to make any changes or resolve any disputes and acknowledge that we will not be able to provide you with recourse; and (iv) the operation of your profile and account with and on the Social Media Site shall continue to be governed by the terms and conditions and privacy policy of such Social Media Site.
SMS Text Messaging
SMS Text Messaging Terms & Conditions – OCTAPHARMA PLASMA, INC.
Please read these SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing and marketing text messages from Octapharma Plasma “PLASMAGIC”, including text messages made with a marketing automation software, at the mobile phone number(s) you provide.
You may opt-out of these communications at any time by replying STOP to any text message from PLASMAGIC or by otherwise contacting PLASMAGIC as indicated below. You can receive help at any time by replying HELP to any text message from PLASMAGIC or by otherwise contacting PLASMAGIC as indicated below. Consent to receive non-marketing or marketing text messages is not required to donate with PLASMAGIC. Messaging and data rates may apply.
By completing the SMS text Messaging Opt-In Form, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of PLASMAGIC services.
Program Description
PLASMAGIC offers its text messaging program whereby PLASMAGIC, and any applicable service providers, will text message you to provide you with information concerning your donor profile with PLASMAGIC and other PLASMAGIC alerts, services, and promotions (all of the foregoing the “PLASMAGIC Program”).
Message Frequency
Message frequency may vary. This depends on your donor activity and your communication with PLASMAGIC. However, message frequency will vary.
Cost
PLASMAGIC does not impose a separate fee for sending PLASMAGIC text messages under the PLASMAGIC Program. However, message and data rates may apply to each text message sent or received in connection with the PLASMAGIC Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.
Supported Carriers; Interruption
The PLASMAGIC Program should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. The PLASMAGIC Program may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the PLASMAGIC Program are available on all equipment/mobile devices, or through all wireless carriers. PLASMAGIC may, from time to time, in its discretion and without notice to you, limit the carriers that support the PLASMAGIC Program. Certain other carriers may not support the PLASMAGIC Program.
Carriers are not liable for delayed or undelivered messages
Delivery of information and content to your equipment/mobile device may fail due to a variety of circumstances or conditions. The PLASMAGIC Program is subject to transmission limitation or interruption.
You understand and acknowledge that mobile network services are outside of PLASMAGIC’s control, and PLASMAGIC is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using the PLASMAGIC Program. If the PLASMAGIC Program is not available within your intended location, you agree that your sole remedy is to cease using the PLASMAGIC Program.
How to Opt-In
To opt-in to receive text messages from PLASMAGIC under the PLASMAGIC Program, check the SMS/Text Messaging Opt-In box within OctaApp and submit it to PLASMAGIC. PLASMAGIC will then send you a text message asking you to confirm your enrollment in the PLASMAGIC Program. By enrolling you explicitly agree to receive text messages from Octapharma Plasma, Inc.
How to Opt-Out
To STOP receiving text messages from PLASMAGIC, text STOP to the six-digit short code from which the text messages are being sent. You will then receive confirmation of your opt-out of the PLASMAGIC text messaging program. You may also opt out by submitting a donor relations ticket through our app, OctaApp.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity.
Privacy
The PLASMAGIC’s Privacy Policy is available on our website at https://www.octapharmaplasma.com/privacy-legal/.
Support/Help
To request more information, text HELP to the six-digit short code from which the text messages are being sent. You may also receive assistance by calling our support line at 704-654-4600 or your local plasma center to speak to a representative or by submitting a donor relations ticket through our app, OCTAAPP.
Eligibility
To receive PLASMAGIC text messages or enroll in the PLASMAGIC Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the PLASMAGIC Program, and authorized to incur any mobile message or data charges incurred by participating. PLASMAGIC reserves the right to require you to prove the foregoing to participate in the PLASMAGIC Program.
Changes to this SMS/Text Messaging Terms & Conditions
PLASMAGIC may revise, modify, or amend these Octapharma Plasma SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to PLASMAGIC website. You agree to review these PLASMAGIC SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Octapharma Plasma text messages will indicate your acceptance of those changes.
Amendment; Termination of Text Messaging
Octapharma Plasma may suspend or terminate your receipt of Octapharma Plasma text messages if Octapharma Plasma believes you are in breach of these Octapharma Plasma SMS/Text Messaging Terms & Conditions. Your receipt of Octapharma Plasma text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.
Octapharma Plasma reserves the right to modify or discontinue, temporarily or permanently, all or any part of Octapharma Plasma text messages and the Octapharma Plasma Program, for any reason, with or without notice to you.
Release: No Warranties; Limitation of Liability
By participating in the PLASMAGIC Program, you agree to release and hold harmless PLASMAGIC and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the PLASMAGIC, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE PLASMAGIC PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. PLASMAGIC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT.
In no event shall PLASMAGIC be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the PLASMAGIC Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty.
Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND PLASMAGIC ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND PLASMAGIC OR ANYONE ACTING ON YOUR OR PLASMAGIC’S BEHALF, OR THE PLASMAGIC PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES (“AAA RULES”) BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR STATE OF IOWA PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND PLASMAGIC INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE: NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST BE CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § One et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ANY COURT HAVING JURISDICTION MAY ENTER ARBITRATOR. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS. EITHER PARTY TO THIS AGREEMENT MAY COMMENCE ARBITRATION PROCEEDINGS BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN THE STATE OF IOWA, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others.
The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and PLASMAGIC alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.
Attorney Fees
In the event of any claim, matter, or dispute between you and PLASMAGIC arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and PLASMAGIC or anyone acting on your or PLASMAGIC’s behalf, or the PLASMAGIC Program, PLASMAGIC, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration-related fees and expenses.
Applicable Law
The law of the donor center’s state of occupancy, including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, constraining, or enforcing these SMS/Text Messaging Terms & Conditions, the PLASMAGIC Program, or any text messages between you and PLASMAGIC or anyone acting on your or PLASMAGIC’s behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.
Contact Us
If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us by calling any valid center phone number to speak to a representative tailored to your local market or by submitting a donor relations support ticket via our app, OCTAAPP.
Privacy
The PLASMAGIC’s Privacy Policy is available on our website at https://www.octapharmaplasma.com/privacy-legal/.
Support/Help
To request more information, text HELP to the six-digit short code from which the text messages are being sent. You may also receive assistance by calling your local plasma center to speak to a representative or by submitting a donor relations ticket through our app, OCTAAPP.
Eligibility
To receive PLASMAGIC text messages or enroll in the PLASMAGIC Program, you must be a resident of the United States, eighteen (18) years of age or older, authorized to enroll the mobile phone number in the PLASMAGIC Program, and authorized to incur any mobile message or data charges incurred by participating. PLASMAGIC reserves the right to require you to prove the foregoing to participate in the PLASMAGIC Program.
Changes to this SMS/Text Messaging Terms & Conditions
PLASMAGIC may revise, modify, or amend these Octapharma Plasma SMS/Text Messaging Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to PLASMAGIC website. You agree to review these PLASMAGIC SMS/Text Messaging Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Octapharma Plasma text messages will indicate your acceptance of those changes.
Amendment; Termination of Text Messaging
Octapharma Plasma may suspend or terminate your receipt of Octapharma Plasma text messages if Octapharma Plasma believes you are in breach of these Octapharma Plasma SMS/Text Messaging Terms & Conditions. Your receipt of Octapharma Plasma text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.
Octapharma Plasma reserves the right to modify or discontinue, temporarily or permanently, all or any part of Octapharma Plasma text messages and the Octapharma Plasma Program, for any reason, with or without notice to you.
Release: No Warranties; Limitation of Liability
By participating in the PLASMAGIC Program, you agree to release and hold harmless PLASMAGIC and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, cost or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with the PLASMAGIC, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE PLASMAGIC PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. PLASMAGIC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT.
In no event shall PLASMAGIC be liable to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from the PLASMAGIC Program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tortious conduct, willful misconduct or fraud, breach of contract, or breach of warranty.
Arbitration/Class Action Waiver
ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND PLASMAGIC ARISING OUT OF OR RELATING IN ANY WAY TO THESE SMS/TEXT MESSAGING TERMS & CONDITIONS, ANY TEXT MESSAGES BETWEEN YOU AND PLASMAGIC OR ANYONE ACTING ON YOUR OR PLASMAGIC’S BEHALF, OR THE PLASMAGIC PROGRAM, REGARDLESS OF THE THEORY OF LIABILITY OR RECOVERY, MUST BE RESOLVED SOLELY BY ARBITRATION CONDUCTED EXPEDITIOUSLY IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES (“AAA RULES”) BY A SOLE ARBITRATOR SELECTED BY THE PARTIES TO THE DISPUTE FROM THE NATIONAL OR STATE OF IOWA PANEL OF ARBITRATORS. ALL DISPUTES, MATTERS, OR CLAIMS BETWEEN YOU AND PLASMAGIC INCLUDES, WITHOUT LIMITATION, ANY ACTUAL OR ALLEGED STATUTORY OR REGULATORY VIOLATION, EQUITABLE CLAIM, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, TORTIOUS CONDUCT, WILLFUL MISCONDUCT OR FRAUD, BREACH OF CONTRACT, BREACH OF WARRANTY, AS WELL AS ALL DISPUTES, MATTERS, OR CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO THE ARBITRATION/CLASS ACTION WAIVER PROVISION OR THE RELEASE: NO WARRANTIES; LIMITATION OF LIABILITY PROVISION.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes disputes, matters, or claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. THIS PROVISION MUST BE CONSTRUED IN ACCORDANCE WITH, AND THE ARBITRATION MUST BE GOVERNED BY, THE FEDERAL ARBITRATION ACT (9 U.S.C. § One et seq.). ANY JUDGMENT UPON THE DECISION RENDERED BY THE ANY COURT HAVING JURISDICTION MAY ENTER ARBITRATOR. UNLESS OTHERWISE REQUIRED BY LAW, THE ARBITRATOR IS PROHIBITED FROM AWARDING DAMAGES IN EXCESS OF THE LIMITATIONS SET FORTH IN THESE SMS/TEXT MESSAGING TERMS & CONDITIONS. EITHER PARTY TO THIS AGREEMENT MAY COMMENCE ARBITRATION PROCEEDINGS BY DELIVERING TO THE OTHER PARTY A WRITTEN NOTICE IN ACCORDANCE WITH THE AAA RULES. ANY ARBITRATION HEARING SHALL BE HELD IN THE STATE OF IOWA, UNLESS THE PARTIES TO THE DISPUTE AGREE OTHERWISE. ANY JUDGMENT RENDERED BY ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING ANY AAA RULES TO THE CONTRARY, THE AWARD OF THE ARBITRATOR MUST BE MADE NO LATER THAN THREE (3) MONTHS FOLLOWING THE DATE ON WHICH THE ARBITRATOR IS APPOINTED, UNLESS THE ISSUE IS THE SUBJECT OF LITIGATION BROUGHT BY A THIRD PARTY AND THE ARBITRATOR DEEMS IT APPROPRIATE TO DEFER ITS AWARD UNTIL THE LITIGATION IS RESOLVED.
The resolution of any claims, matters, or disputes must proceed solely on an individual basis without the right for any claims, matters, or disputes to proceed on a class action or collective basis or on bases involving claims, matters, or disputes brought in a purported representative capacity on behalf of others.
The arbitrator’s authority to resolve and make written awards is limited to claims, matters, and disputes between you and PLASMAGIC alone. Claims, matters, or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues, claims, matters, or disputes with anyone who is not a named party to the arbitration.
Attorney Fees
In the event of any claim, matter, or dispute between you and PLASMAGIC arising out of or relating in any way to these SMS/Text Messaging Terms & Conditions, any text messages between you and PLASMAGIC or anyone acting on your or PLASMAGIC’s behalf, or the PLASMAGIC Program, PLASMAGIC, if it prevails, must be awarded all costs of bringing or defending the claim, matter, or dispute, including, without limitation, reasonable attorneys’ fees and the ordinary costs and expenses incurred in resolving the claim, matter, or dispute, including, without limitation, all arbitration-related fees and expenses.
Applicable Law
The law of the donor center’s state of occupancy, including its statutes of limitations and without reference to any conflict of laws principles, shall be applied to any claim, matter, or dispute between the parties or when governing, constraining, or enforcing these SMS/Text Messaging Terms & Conditions, the PLASMAGIC Program, or any text messages between you and PLASMAGIC or anyone acting on your or PLASMAGIC’s behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.
Contact Us
If you have questions regarding these SMS/Text Messaging Terms & Conditions, you may reach us bycalling any valid center phone number to speak to a representative tailored to your local market or by submitting a donor relations support ticket via our app, OCTAAPP.
Medical and Health Information
This website may contain information on medical and health-related topics. All information provided on this website, or through links to other third party websites, is for informational purposes only and is not a substitute for obtaining proper medical, legal or other professional care or services. You should never take any action based upon any information contained on this website without seeking independent professional advice from a person who is licensed and/or knowledgeable in the applicable field. Furthermore, you should not use this information for diagnosing a health problem or disease but should always consult your own physician.
Geographic Restrictions
Octapharma Plasma is based in the United States and provides this website for use only by persons located in the United States. Octapharma Plasma makes no claims that this website or any of its Content, information, products or services on or accessed through this website are authorized, available, accessible or appropriate outside of the United States. Access to this website may not be legal by certain persons or in certain countries. If you access this website from outside the United States, you do so on our own initiative and you are responsible for compliance with local laws.
Privacy Protection
All information we collect on this website is subject to our Privacy Policy at https://www.octapharmaplasma.com/privacy_statement/. By using this website, you accept and agree to be bound and abide by our Privacy Policy. If you do not want to agree to our Privacy Policy, you must not provide us any personal information.
Amendments to this website and Terms
Octapharma Plasma reserves the right to make changes, modifications, additions, deletions and corrections to this website, and any service or material provided on the website, at any time and without notice. Octapharma Plasma may also withdraw access to this website at any time without notice. From time to time, we may restrict access to some parts of this website, or the entire website, to Users.
For further information contact us at +1 704-654-4600.