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Legal Terms of Service
Please read these “Terms of Service” carefully. This website (“Website”) is provided to you under these "Terms of Service" and any amendments or supplements to them (collectively, this "Agreement") that may be posted by Medical Device Business Services, Inc. or any of its affiliates (collectively, “Site Owner,” "we", "us" or “our”) from time to time concerning your use of this Website or the mobile software application in connection with which you are accessing this Agreement (the “App”) (the Website and App are collectively referred to as, the ”Services”). We recommend that you print a copy of this Agreement for future reference. We retain the right to make changes, as outlined below.
References to “you” and “your” in this Agreement will refer to you, the individual accessing the Services if you are not using the Services on behalf of or for the benefit of an organization with which you are associated (an “Organization”). If you are using the Services on behalf of, or for the benefit of, an Organization, then you agree to the terms of this Agreement on behalf of such Organization, and you represent that you have the legal authority to bind such Organization to this Agreement. In such a situation, references to “you” and “your” in this Agreement will refer to the Organization.
Your use of the Services are deemed to constitute your consent to be legally bound by the terms and conditions of this Agreement and will be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, then you must not access, use, or post or submit any materials on the Services.
Website Intended Audience
This Website is intended for and directed to residents of the United States. You affirm that you are 18 years of age or older. This Website is not intended for anyone under the age of 18.
THE INFORMATION, INCLUDING ANY ADVICE OR RECOMMENDATIONS, IN THE SERVICES IS SOLELY INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, NOR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SERVICES IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE OR THE APP.
WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE WE STRIVE TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION IN THE SERVICES.
You understand that the Services are available for your personal, non-commercial use only. You agree that the Services are the property of the Site Owner; including all intellectual property rights in it and that you have no right to use them other than as set out in this Agreement. We are not responsible for any harm or loss that you suffer in relation to any use you make of the Services for any business purpose or other purpose not authorized under this Agreement. We reserve the right to refuse or terminate access to the Website or the App at our discretion. The Services are provided free of charge and on that basis we have no obligation to provide any maintenance or support services in relation to them and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Services.
You may not copy, change, or reuse the Services, any updates to them or any part of them including the software incorporated in them.
You may only use this Website and the App in accordance with this Agreement. You are granted a nonexclusive, nontransferable, revocable, limited license to view, print, and distribute content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication, circulate, or sell the content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other websites, without the prior written permission of Site Owner.
If you fail to comply with this Agreement, you must immediately cease using the Services, and delete the App from your device. You are responsible for keeping your device secure and protected.
ACCEPTABLE USE AND RULES OF CONDUCT
You must not:
- Post, transmit, or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful, intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, or fraudulent; (c) obscene, indecent, pornographic, or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
- Use the Services for any commercial purpose, including use for your commercial purposes or any commercial purposes that will benefit you in any way.
- Use the Services for any purpose that is fraudulent or otherwise unlawful.
- Collect information about users of the Services in any way, including through reverse engineering.
- Interfere with the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services, or violate any requirement or policy of such servers or networks.
- Restrict or inhibit any other person from using the Services.
- Except as expressly authorized under this Agreement, reproduce, display, transfer, transmit, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare or service bureau use, outsource, distribute or otherwise exploit any portion of (or any use of) the Services without our express prior written consent.
- Reverse engineer, decompile, or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the Services.
- Disable or circumvent any security features of the Services.
- Perform or disclose any benchmark or performance tests of the Services without our prior written consent.
- Perform or disclose any of the following security testing of the Services or associated infrastructure without our prior written consent: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing.
- Incorporate any portion of the Services into any product or service, without our express prior written consent.
- Systematically download and store Services content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the root directory of the Services, we grant to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining, and paying for all hardware, telecommunications and other services needed for you to use the Services.
We reserve all rights not expressly granted to you.
Your Account and Password
You may need to register to use the Services. We may reject, or require that you change, any username, password, or other information that you provide. Your username and password are for your personal use only. You are solely responsible for maintaining the confidentiality of your credentials and for restricting access to your mobile device, computer, and/or other means of accessing the Services. We are not responsible for any use of your credentials caused by your failure to keep them confidential. You are solely responsible for all activities that occur under your account, either with or without your knowledge. You must promptly notify us of any unauthorized use of your credentials or account of which you become aware. We recommend that, to the extent you access the Services via a mobile device, you implement password protection on such devices.
You agree that any information you provide to us will be current, accurate, and complete and that you will keep such information up to date by notifying us of any changes.
We reserve the right to terminate any account at any time in our sole discretion, including without limitation for any failure to comply with this Agreement, any fraud or abuse, or any misrepresentation that you or anyone using your account may make to us.
Privacy and Consent to Service Data
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to local privacy laws and anti-spam laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and have the same force and effect as if they were in writing and signed by the party sending the communication.
You may be permitted to make available certain materials text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials posted by users (collectively “User Content”) in connection with the Services, including on profile pages or interactive features. We have no control over and are not responsible for any User Content, any use or misuse by any third party of User Content or for your interactions with other users. Users are ultimately responsible for their own actions. If you choose to make your personal or other information publicly available through the Services, then you do so at your own risk. You acknowledge further that we are not responsible for the accuracy of any User Content on the Website or in the App. You understand and agree that all User Content is the sole responsibility of the person who posted the User Content. You understand and agree that you will evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
We have created, or may create in the future, certain areas, such as message boards and chat rooms, within the Website where members can upload and share their thoughts, comments, product reviews, pictures, videos and the like with other members (collectively, “Forums”). These Forums may be available to registered members of the Website only. To help ensure that the User Content is beneficial for the greater community, in addition this this Agreement, we have established some basic rules for everyone to follow (“Community Guidelines”).
In addition, if a Forum is provided within the Website, it may allow users to post questions to be answered by experts engaged by us. Where applicable, these experts are paid by us for their time in responding to members’ questions, but the opinions they express are their own. We are providing access to the experts and their guidance in the Forum solely as an informational and educational service to members of the Website.
Our policy for this Website is to review User Content, to the extent practical, either before or after such User Content is posted. Pre-moderation means that the User Content will not be posted to the Forum and cannot be accessed or viewed by other Website members until we have reviewed it and determined that the User Content is suitable for posting to the Forum. This process also means that User Content submitted for posting will not be posted in real time and may never be posted if we determine that it is unsuitable for the Website. Post-moderation means that User Content will be reviewed by us once it is already posted on the Website. Post-moderated User Content that Site Owner determines does not comply with this Agreement or is otherwise unsuitable for the Website will be removed from the Website, without notice to the User.
User Content must be appropriate for the Forum. Without limiting the reasons for which User Content may be rejected by us, we may reject, edit, or remove any User Content that does not comply with any Community Guidelines that we provide – or may provide in the future - , which you must read prior to posting any User Content on the Website.
By submitting User Content for posting at a Forum, you also: (1) confirm that you have all rights necessary to post or transmit User Content; and (2) agree that you are solely responsible for all User Content that you submit for posting.
For each submission of User Content (“Submission”), you grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify, store, and otherwise use, analyze, and exploit such Submission, and to contact you about your Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials and advertising).
We are free to use any ideas, concepts, know-how, or techniques contained in or derived from any User Content for any purpose whatsoever, including developing, manufacturing, and marketing products. Therefore, please do not submit or send to us any ideas, suggestions, or materials that you wish to keep confidential or for which you expect to receive compensation. You irrevocably waive any claim against us with respect to any use or non-use of User Content.
When you submit User Content, you understand that we will have the right, but not the obligation, to use, display, and publish your name, photograph, likeness, voice, performance, biographical information, and/or statements, throughout the world in perpetuity on the Website and on any our or successors’ Website or social media channels owned or operated by us. If we make use of any of these rights, then you understand and agree that you will not receive any other consideration, payment, notification or credit, nor will you have any approval over how Site Owner uses them.
In addition, if you provide Site Owner any ideas, proposals, or suggestions (“Feedback”), then we will deem each such Feedback to be User Content. You agree that User Content is not confidential and that your provision of it is gratuitous, unsolicited, and without restriction and does not place us under any obligation in respect of such Feedback.
You confirm that (a) you have all rights necessary to grant the licenses granted in this section, (b) your Submissions are complete and accurate, and (c) your Submissions and your provision of them to us are not fraudulent or otherwise in breach of any applicable law or any right (including intellectual property and privacy rights) of any third party. You further irrevocably waive (and consent to us performing any acts or omissions in relation to your Submissions and associated materials that may be inconsistent with) any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your Submission that you may have under any applicable law.
We reserve the right at any time to discontinue, temporarily or permanently, your ability to upload User Content and/or your ability to access User Content with or without notice, at our sole discretion. We are not be liable to you or to any third party for any suspension or discontinuance of acceptance of User Content.
Remember that all User Content you submit to the Website through a mobile device will be stored on that mobile device. The security and safety of your mobile device, and the information and materials contained on it, as well as any password you use on your device and to access the Website are your sole responsibility.
Storage of User Content
We may impose a maximum amount of storage for User Content on the Website. We are not responsible for any loss or harm you may suffer as a result of any deletion or failure to store any messages, communications, or other User Content associated with maintaining the maximum amount of storage.
Additional terms may govern certain features or content on the Website, such as offers, prize draws, competitions, contests, and sweepstakes. By participating in any activity on the Website governed by additional terms, such as a prize draw, competition, contest, or sweepstakes with “Official Rules”, you agree that you will be subject to those additional terms in addition to this Agreement.
Disclaimer of Warranties With Respect to Services
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SITE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SITE OWNER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR (ii) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) OR THAT DEFECTS, IF ANY, WILL BE CORRECTED OR (iv) ANY USER NAME, PASSWORD OR OTHER SECURITY MEASURE THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICES WILL PREVENT UNAUTHORIZED ACCESS TO YOUR SERVICES ACCOUNT OR RELATED INFORMATION, OR THAT YOUR SERVICES ACCOUNT OR RELATED INFORMATION WILL NOT BE ACCESSED OR MISUSED BY ANY THIRD PARTY. SITE OWNER MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU MUST COMPLY WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS IN DOING SO. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SITE OWNER OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SITE OWNER, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, OR OTHER REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES, INCLUDING, ANY LOSS OF USE, LOSS OF INCOME, SAVING OR PROFITS, LOSS OF DATA, DATA USE, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, PREJUDGEMENT INTEREST, ATTORNEYS’ FEE OR COSTS OR COSTS IN ARBITRATION OR ANY JUDICIAL PROCEEDING OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (INCLUDING PERSONAL INFORMATION); (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.
OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO USE THE SERVICES; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD$100).
ALL LIMITATIONS OF LIABILITY OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE COMPANY PARTIES.
WITH RESPECT TO ANY CONDITIONS, WARRANTIES, OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER STATUTE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF RELEVANT SERVICES.
The trademarks and brand names displayed on this Website are the property of Site Owner or third party owners. You may not use or display any trademarks or service marks owned by Site Owner without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.
Notice and Procedure for Making Claims of Copyright Infringement
We ask our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, we have designated an agent to receive notices of claimed copyright infringement who can be reached through the “Contact Us” section of this Agreement if filled out further to the process outlined in paragraphs 1-6 below, via the phone numbers listed on our Contact Us page, and/or via a letter with the below six (6) pieces of information sent to the following address:
Medical Device Business Services, Inc.
700 Orthopaedic Drive
P.O. Box 988
Warsaw, IN 46581
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information through the process described below:
- A listing of the accurate First Name, Last Name, Email Address, and Physical Address of the person authorized to act on behalf of the owner of the copyright interest;
- If using the “Contact Us” page, selection of the “Concern or Complaint” option under the “Subject of Email” section of the form.
- A description of the copyrighted work that you claim has been infringed with an original signature. If submitting via our “Contact Us” form, please provide this information in the “Question or Comment” section of the “Contact Us” form, including an electronic signature at the end of your description (e.g., /name/);
- A description of where the material that you claim is infringing is located on the Website (including a specific link/URL where possible);
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, to be included in the complaint, or if using the form, to be included in the “Question or Comment” section of the “Contact Us” form; and
- A statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf, to be included in the complaint letter, or if using the form, to be included in the “Question or Comment” section of the “Contact Us” form (which will contain your “electronic signature” as required in item three (3) above).
Upon receipt of the notification containing all the information as outlined in 1 through 6 above:
- We will remove or disable access to the material that is alleged to be infringing;
- We will forward the notification to such alleged infringer ("Subscriber"); and
- We will take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
Modification or Suspension of the Services
We will make reasonable efforts to make the Services available, but we may from time to time need to interrupt, restrict, modify, or discontinue, temporarily or permanently the Website or parts of it without notice. We will not be responsible for any harm or loss you may suffer as a result of such actions.
The Services are subject to U.S. export controls restrictions. We will not knowingly make the Services available to you if you are, and you confirm that you are not, (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or trade sanction (currently Cuba, Iran, Sudan, Syria, and the Crimea region of Ukraine) (see here for more information on U.S. sanctions); or (b) on any of the U.S. government lists of restricted end users (for example, including the “Specially Designated Nationals” list available here).
Statements appearing on the Services that concern us or our management and that are not historical facts are “Forward-Looking Statements.” Forward-Looking Statements are only predictions, and actual future events may differ materially from those discussed in any Forward-Looking Statement. Various external factors and risks affect our operations, markets, products, services and prices. These factors and risks are described in our current annual report filed with the SEC and in other filings we make with the SEC. You can access our most recent SEC filings via the SEC EDGAR system located at sec.gov, or you may obtain these filings directly from us at no charge. We disclaim any obligation or responsibility to update, revise or supplement any Forward-Looking Statement or any other statements appearing on the Services.
We will not be responsible for any loss or harm you may suffer as a result of termination of your use of the Services. In the event of any termination, you must stop using the Services and you agree that the provisions of the Agreement regarding Ownership, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.
Links to Third Party Sites
Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that may be harmful to or inappropriate for minors. Information identifying current providers of such protections (which we do not endorse) is available from here.
You agree to indemnify and hold harmless Site Owner and its affiliates and their respective directors, officers, employees, agents, or other representatives from and against all claims, liability, damages, and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of this Agreement; (b) your use of the Services including without limitation transmission or placement of User Content; and (c) any claim or allegation that any of your User Content infringes the intellectual property or other proprietary rights, or privacy rights, of any third party.
Modifications to these Terms
We may change this Agreement from time to time (for any reason, such as changes in the functions or services offered by this Site or to reflect a change in the law) by notifying you of such changes by any reasonable means and by making available a revised Agreement through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. Your clicking or tapping “OK” or “Agree” (or a similar term) in connection with this Agreement or your use of the Services following any changes will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.
To the extent permitted by applicable law, we may, at any time and without liability, modify or discontinue all or part of the Services (e.g., to reflect changes in the relevant laws, to protect the security of the Services or to implement reasonable technical adjustments and improvements, to modify the features and functions provided by the Site); charge, modify or waive any fees required to use the Services where reasonably necessary; or offer opportunities to some or all users, at our sole discretion. We will seek to notify you by reasonable means of (i) any modifications that will have a material adverse effect on your use of the Services, taken as a whole; and (ii) any material increase in the fees charged by us for you to use the Services.
Severability of Agreement
Should any part or provision of this Agreement be held unlawful, void, invalid, or unenforceable that portion is deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
All Sections shall survive the termination of the right to use the Website.
Applicable Law and Jurisdiction
Unless otherwise prescribed by applicable law, this Agreement is governed by and shall be construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of law, and regardless of your location. All disputes between you and us arising out of or related to the Services or this Agreement, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and including non-contractual disputes or claims, will be subject to the exclusive jurisdiction of the federal and state courts located in the State of New York, USA, and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
Other Important Terms
This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. This Agreement is between you and us. Except as expressly set forth in this Agreement, no other person has any rights to enforce any of the terms of this Agreement. You may not assign, transfer, or sublicense any of your rights or obligations under this Agreement without our prior written consent. We may assign, transfer, or sublicense any of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter of this Agreement, and, in the absence of fraud, supersedes all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Neither party will be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Terms Required by Apple.
In addition to the terms and conditions of this Agreement and notwithstanding anything to the contrary herein, this section applies with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and will not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection, privacy, or similar legislation (including in connection with any use by the App of Apple’s HealthKit or HomeKit frameworks), and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Company in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the “Usage Rules” set forth in Apple’s App Store Terms of Service, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
Terms Required by Google.
In addition to the terms and conditions of this Agreement and notwithstanding anything to the contrary herein, this section applies with respect to your use of any version of the App compatible with the Android operating system of Google LLC (“Google”). To the extent that the Application makes use of Google’s APIs, other development services and associated software, you agree to comply with the Google API Terms of Service (available at here).
Open Source Font License Language:
Open Sans font Copyright ©2011, Steve Matteson. This Font Software is licensed under the Apache License, Version 2.0. This license is copied below and is also available with an FAQ at: here ©2011, Google Corporation. All rights reserved.
©2022, Medical Device Business Services, Inc., unless otherwise noted. All rights reserved.
Open Source Software Notice
This website may contain, or may rely upon, open source software components which are subject to additional restrictions. Any open source software components are used in accordance with the applicable open source component’s license terms and conditions. By using this website, user agrees to be bound by the terms and conditions of all applicable open source software licenses. Where the specific license terms of the open source software component entitle user to receive a copy of the source code, that source code shall be made available upon user’s written request.
Last updated May 4, 2023