Medical Device Manufacturers Association (“we,” “us,” or “our”) operates [email protected] (the “website”). The website is provided to “you” solely under the following terms and conditions of use (the “Terms”).
We reserve the right, in our sole discretion, to change, modify, move, add or remove portions of these Terms, from time to time, without notice to you. Your continued use of the website following any such changes will constitute your acceptance and agreement to be bound by such changes. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the website. If any provision of these Terms is unlawful, void or unenforceable, it will not affect the validity or enforceability of any other provisions.
A. Access to the Website
For so long as you agree to these Terms and abide by them, you may use the website. These Terms apply to all users who access the website and/or its Content. “Content” includes any text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on or access through the website. Subject to these Terms, we also grant you a limited, non-exclusive, nontransferable personal license to download, display, electronically reproduce and make singular print copies of Content as long as you use it solely for your own internal, noncommercial, lawful use.
B. General Restrictions on Use
We hereby grant you permission to access and use the website as set forth in these Terms, provided that:
- The website may be used only for your personal purposes of a non-commercial, informational nature.
- Except as provided herein, you agree not to distribute in any medium any part of the website or the Content without our prior written authorization, unless we make available the means for such distribution through functionality offered by the website (such as through a sharing function on social networking sites).
- You agree not to alter or modify any part of the website.
- You agree not to access Content through any technology or means other than the website itself, through social networking sites, or via other explicitly authorized means we may designate.
- You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” that accesses the website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information without consent, including user names, from the website, nor to use the communication systems provided by the website (e.g., comments, email) for any commercial solicitation purposes.
- In your use of the website, you will comply with all applicable laws.
- You agree not to:
- stalk, harass or harm another individual through your use of the website;
- interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website; and
- use the website to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via email (SPAM) or distribute viruses or any other technologies that may harm us or the interests or property of our users.
- Without our written consent, you may not frame the website, place pop-up windows over its pages, or otherwise affect the display of its pages.
- You will not use the website in any manner that could damage, disable, overburden, or impair the functionality of the website or interfere with any other individual’s use or enjoyment of the website.
- You may not modify or create any derivative work based on the website. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the website is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to copy, replicate, transcribe or reproduce the ‘look and feel’ of the website, including its features and functionalities.
- You may provide links to the website, provided that you (a) do not remove or obscure, by framing or otherwise, proprietary notices or other notices on the website, and (b) discontinue providing links to the website immediately upon our request.
C. You Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content:
- The Content, and the trademarks, service marks and logos (“Marks“) on the website, are owned by or licensed to us or our affiliates and you are not permitted, licensed, or authorized to use the Marks without our written consent.
- Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the website and as permitted under these Terms. Except as provided herein, you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without our prior written consent or that of the respective licensors of the Content. We and our licensors reserve all rights not expressly granted in and to the website and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content thereon.
- You understand that when using the website, you will be exposed to Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
- When using the website, you agree not to:
- revise or alter any User Content (defined below) posted by others; and
- post or use any User Content or Content in any manner that (i) infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; (ii) violates the privacy, publicity, or other rights of third parties; (iii) is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by us in our sole discretion; (iv) is false or inaccurate; (v) violates any law, civil or criminal; or (vi) violates our policies, including posting content in an inappropriate category or areas on our website.
- Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
D. Your Content and Conduct
If at any time our website permits you to submit content, including literary works, videos, images and user comments (collectively, “User Content”), the following Terms shall apply:
- You understand that we do not guarantee any confidentiality with respect to any User Content you submit.
- You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit; and you license to us all intellectual property or other proprietary rights in and to such User Content for publication on the website pursuant to these Terms.
- For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to us, you hereby grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the website and our (and our successors’ and affiliates’) business, including, without limitation, for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the website a non-exclusive license to access your User Content through the website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the website and under these Terms. The above licenses granted by you in video or image User Content you submit to the website will survive even if you remove or delete your videos or images from the website. The above licenses granted by you in your User Content you submit are perpetual and irrevocable.
- You further agree that User Content you submit to the website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.
- We do not endorse any User Content submitted to the website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. We do not permit copyright infringing activities or infringement of intellectual property rights on the website, and we will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights as set forth below. We reserve the right to remove User Content without prior notice.
- Your feedback is welcomed and encouraged. You agree, however, that (a) by submitting unsolicited ideas to us, you automatically forfeit your right to any intellectual property rights in those ideas; and (b) unsolicited ideas submitted to us or any of our employees or representatives automatically become ours. You agree that any feedback you provide at the website shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.
E. Use of Third-Party Websites
F. Claimed Infringement
If you have a good faith belief that your copyright is being infringed by any content on the website, please send a notice that includes the information listed below (the “Notice of Claimed Infringement”) to [email protected]
Notice of Claimed Infringement must include, at a minimum, the following information:
- a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- an identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- an identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such material;
- your contact information;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
G. Warranty Disclaimer
THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED WITHIN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WEBSITE OR SERVER FROM WHICH IT IS PROVIDED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE WEBSITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
H. Liability and Other Disclaimers.
WE ARE NOT AND WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, DIRECTLY OR INDIRECTLY RELATED TO: (1) THE USE OR THE INABILITY TO USE THE WEBSITE; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION; OR (3) ANY OTHER MATTER RELATING TO THE WEBSITE (INCLUDING, WITHOUT LIMITATION, AS A RESULT OF BREACH OF ANY TERMS OF THIS AGREEMENT).
To the extent permitted by applicable law, you agree to indemnify, defend and hold us and our affiliates harmless, and each of our officers, directors, employees, agents, licensors, partners and affiliates from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to use of the website (including negligent or wrongful conduct) by you or any other person accessing the website via your social media account(s) or ISP address. We reserve the right to take over the exclusive defense of any claim. This section will survive termination of your access to the website.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by our assigns without restriction.
K. Errors; Website Availability. We make efforts to provide accurate, current and reliable information through the website. However, there may be times when information displayed through the website may contain incomplete data, typographical errors, inaccuracies, or outdated information. We make no warranties as to the accuracy, completeness or timeliness of the information we make accessible via the website, or that it is reliable, complete or error free. Nor do we make any representations whatsoever with respect to any third-party content or websites linked to or through the website. We reserve the right to correct errors and update information available through the website at any time.
We reserve the right to terminate these Terms and your access to the website at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You understand and agree that upon termination of these Terms or your use of the website, we retain the license rights granted to us with respect to any User Content uploaded or provided on our website.
Without limiting other remedies, we also reserve the right to limit or partially terminate or suspend the website, prohibit access to the website and its Content, delay or remove any Content or User Content, take technical and legal steps to keep any users off the website if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. For example, we will terminate a user’s access to the website if, under appropriate circumstances, the user is determined to be a repeat infringer.
We reserve the right to decide whether User Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and in our sole discretion, remove such User Content and/or terminate a user’s account for submitting such material in violation of these Terms. You hereby understand and agree that in addition to the above listed causes, we reserve the right, at all times, to remove User Content if we consider, at our sole discretion, such Content to be immoral, unprofessional, dishonest, indecent, obscene, unethical, unprincipled, spurious, strange, outlandish or in violation of the standards of excellence and professionalism that we strive for at our website
M. Jurisdictional Issues
The website is operated out of the United States and the website and content thereon are intended for United States users. The website may not be available to users outside of the United States. We make no representation that materials or information on the website are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access a website outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws.
You agree that: (1) the website shall be deemed solely based in the District of Columbia; and (2) the website shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the District of Columbia. These Terms shall be governed by the internal substantive laws of the District of Columbia without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the website shall be decided exclusively by the courts in the District of Columbia. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms constitute the entire agreement between us and you with respect to the website and supersede all prior or contemporaneous communications, agreements and understandings with respect to the subject matter hereof. A printed version of these Terms and Conditions of Use shall be admissible in judicial or administrative proceedings.
December 10, 2018