A password will be sent to your email address.
I/We (Purchasing Party/Requesting Party/Research Facility/Physician/Medical Provider that CFL products are shipped to) undersigned hereby acknowledges it has reviewed the following and certifies to Cord for Life®, Inc., as follows:
- Cord for Life® (“CFL”) products are only to be used by properly licensed medical professionals for research use only, and/or by properly licensed medical professionals for clinical trials, and diagnostic and/or therapeutic uses that are approved by the United States Food and Drug Administration and in compliance with all other federal, state and local laws. Products shall be used and stored strictly in accordance with all shipping information, Certificate of Analysis and Release, Product Insert, storage instructions and any label or document(s) shipped with the products. The undersigned shall not reverse-engineer, analyze or otherwise attempt to derive the properties, composition, construction or method of manufacture of any of the products, including but not limited to, analysis by physical, chemical or biochemical means and shall not cause a third party to do the same.
- I/We shall not make products or any portion of them, in any way, shape or form, including as a component of another products available for the purpose of further resale or alter or remove the product label and the CFL mark of origin without the express written permission of CFL. Any products and services tax, sales tax, use tax, manufacturers tax, occupation tax, excise tax, value added tax, duty, customs, inspection or testing fee, or any other tax, fee or charge of any nature imposed by any government authority or measured by the transaction between CFL and the user (Purchasing Party/Requesting Party/Research Facility/Physician/Medical Provider that CFL research products are shipped to) who will actually use the research products, will be paid by the user (Purchasing Party/Requesting Party/Research Facility/Physician/Medical Provider that CFL products are shipped to) in addition to the research fee paid. If CFL is required to pay any such tax, fee or charge, then the user (Purchasing Party/Requesting Party/Research Facility/Physician/Medical Provider that CFL products are shipped to) will reimburse CFL immediately upon receiving a request in writing from CFL. CFL reserves the right to assess a maximum of 1.5% monthly penalty on any or all outstanding research fees and/or invoices if any not excluding any such tax, fee or charge as described above.
- I/We acknowledge that some of the CFL products may be hazardous or could otherwise present a safety risk as may be outlined in any Certificate of Analysis and Release, Product Insert or any other label or document shipped with or otherwise associated with any of the products. I/We agree to use, store and otherwise handle the products with such care and taking such safety precautions as is necessary or appropriate in each case. In no event shall CFL be liable for any personal injury or any other damages arising from or as a result of use, handling, misuse or mishandling of the products.
- CFL has not verified the possible existence of third party Intellectual Property Rights which might be infringed as a consequence of product manufacture, use, sale, offering to sale or import, and CFL shall not be held liable for any loss or damages in that respect. The sale shall not, by implication or otherwise, convey any license under any intellectual property right and the undersigned expressly assumes all risks of any intellectual property infringement. Nothing contained in this Agreement will be construed as an assignment to the undersigned of any Intellectual Property Rights in or to the products. All Intellectual Property Rights in or to the products are and will remain the sole and exclusive property of CFL and are reserved by CFL.
- I/We shall, at his/her own expense, indemnify, defend and hold CFL, its directors, officers, employees, agents, successors and assigns (“CFL lndemnitees”), harmless from and against any and all losses, costs, damages and expenses (including, reasonable attorneys’ fees and other costs of defending any action) (collectively, “Losses”) that we may incur in any way arising out of or relating to (a) any breach by you of your obligations under this Certification, (b) any use of the products not in compliance with the uses stated in this Agreement and/or in the Certificate of Analysis and Release, Product Inserts, (c) any failure of you to comply with good laboratory practice, laws, regulations, guidelines or decisions in the handling or use of the products, (d) any violation or infringement of any patent, trade secret, copyright, trademark, industrial design, licenses, or other intellectual or proprietary rights (“Intellectual Property Rights”) of a third party by you in the handling or use of the products, including marketing, or (e) any other use or misuse of the products by you including without limitation any claim of product liability or any similar claim relating to the quality of the products or an alleged defect or deficiency in the products.
- CFL is NOT liable for the medical decisions concerning use of CFL products by us. The liability for the intended or actual use of CFL products is assumed in full by the user (Purchasing Party/Requesting Party/Research Facility/Physician/Medical Provider that CFL products are shipped to) who will actually use/administer the product. CFL does not intend to define, suggest, alter or approve of any kind of “practice of medicine” performed by the undersigned to use cord blood stem cells or related products, but instead, relies on the undersigned to determine safe practices for use of stem cell products. All CFL products are for research use only and/or with a valid FDA approved Investigational New Drug (IND) application, and/or other Institutional Review Board (IRB) approved protocols or similar in said country of use in place at time of its use. The medical responsibility and the use of these products lies solely on the scientist/physician/nurse practitioner testing/administering the PREMIERMAXCB® products or similar CFL products.
I/We agree that our use of any and all CFL products are subject to the above certifications and terms and conditions.