Sewa International USA, Inc. (“Sewa”) has created the Convalescent Plasma Therapy Registry (the “Registry”) to match potential donors with patient candidates who have contracted Wuhan coronavirus (COVID-19).
By participating in the Registry as a potential donor (“Donor”), you agree to the following:
You agree to provide accurate personal information as requested by the Registry, including, but not limited to, your name, address, contact information, and history of Wuhan coronavirus (COVID-19) infection (“Donor Information”). Sewa will exercise its reasonable best efforts to maintain the integrity of the Registry and privacy of Donor Information. Sewa will disclose Donor Information only for the purpose of the Registry described above.
You consent to the disclosure of Donor Information by the Registry to Sewa, its directors, officers, employees, volunteers, and agents (collectively, the “Sewa Parties”) as well as patients who, having contracted Wuhan coronavirus (COVID-19), are participating in the Registry (“Patients”); their treating physicians and other healthcare providers; the staff members and employees of the hospital or other facility where they are being treated; and their family members who have authority to make healthcare decisions on their behalf (collectively, the “Patient Parties”).
You consent to the Sewa Parties and the Patient Parties using Donor Information to determine whether you might be a potential donor for Wuhan coronavirus (COVID-19) convalescent plasma therapy
You consent to the Sewa Parties and the Patient Parties using Donor Information to contact you to be a potential donor for Wuhan coronavirus (COVID-19) convalescent plasma therapy.
You acknowledge that unauthorized access to the Registry or disclosure of Donor Information may occur despite Sewa exercising its reasonable best efforts to maintain the integrity of the Registry and privacy of Donor Information.
You agree to INDEMNIFY, DEFEND, RELEASE, and HOLD HARMLESS the Sewa Parties of and from any and all claims or causes of action arising from or related to your participation in the Registry (“Indemnified Claim”), whether such Indemnified Claim allege the act or omission of any Sewa Party; allege that such act or omission resulted from NEGLIGENCE or GROSS NEGLIGENCE; be at common law, in equity, by statute, or otherwise; sound in contract, tort, property, or any other source of legal right; seek damages or compensation of any type, whether it be attorney fees, court costs, expenses, or other costs that any party might have or might claim to have, be they currently known or unknown; or seek to obtain any equitable remedy.
You agree that any claim arising from or related to your participation in the Registry shall be resolved by final and binding arbitration under the Consumer Arbitration Rules, the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. In any such arbitration, the arbitrator may grant any remedy, interim or final, which could be granted by a court sitting in the place where the arbitration hearing is held. Any arbitration shall take place at a location to which the parties may mutually agree, but in the absence of mutual agreement, it shall take place in Harris County, Texas. Each party shall have the right to enforce this arbitration agreement and to ask a court to confirm the arbitration award. The prevailing party may recover costs and attorney fees incurred in enforcement, including any proceeding to confirm, modify, or vacate an arbitration award or in any appeal from that proceeding.
You agree that your participation in the Registry shall be construed and enforced in accordance with the laws of the State of Texas, but without regard to laws or principles of conflicts of laws that would cause application of the laws of another jurisdiction. You consent to the exclusive jurisdiction and venue of the state or federal courts located in Harris County, Texas, and hereby waive personal jurisdiction and all other venues.