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Terms of Use

Welcome to the Medical Device Manufacturing Multiplier Consortium’s website (“Website”) and thank you for reviewing our Terms and Conditions of Use. The Medical Device Manufacturing Multiplier Consortium (MDM2) makes this Website, including all information, documents, communications, files, text, graphics, software, and audio/visual files (collectively, the “Materials”) available for your use subject to the Terms and Conditions of Use set forth below. The Terms and Conditions spell out what you can expect from us and what we expect from you.

 

1. Acceptance of Terms and Conditions of Use

 

By accessing this Website, you agree to all terms, conditions and notices contained or referenced on the Website (“Terms and Conditions”). You also agree to be bound by all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The Materials contained in this Website are protected by applicable copyright and trademark law.


MDM2 reserves the right to change the Terms and Conditions at any time, without prior notice to any Website visitor. For this reason, we encourage you to review these Terms and Conditions whenever you use our Website. If you breach any of the Terms and Conditions, your authorization to use this Website automatically terminates.

 

2. Intellectual Property Rights

 

a. Copyright Information and Personal and Non-Commercial Use Limitation

 

All Materials and the compilation of content included on this Website are owned or licensed by MDM2 and are protected by United States and international copyright laws. Copyright © 2010 Medical Device Manufacturing Multiplier Consortium All rights reserved. MDM2 does not claim ownership of copyrights owned by third parties.

 

b. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act

 

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe their rights under the U.S. Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyright work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claims to MDM2's designated agent listed below. For the notice to be effective, if must include the following information:

 

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on this Website;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

A statement by you that you have a good faith believe that the disputed use 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

c. Trademarks

 

MDM2 owns trademark rights in its mark and the associated graphics, logos and service marks are trademarks of MDM2 and may not be used without the prior written consent of MDM2. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.

 

d. Ideas and Inventions

 

All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to MDM2 in connection with your use of this Website shall be the exclusive property of MDM2. You agree that unless otherwise prohibited by law, MDM2 may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

 

3. Use License

 

a. Permission is granted to view and to temporarily download one copy of the Materials (information or software) on the Website for personal, non-commercial transitory use only. This is the grant of a license, not a transfer of title, and under this license you may not:

i. sell, modify or copy the Materials;
ii. use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on the Website;
iv. remove any copyright or other proprietary notations from the Materials; or
v. transfer the Materials to another person or “mirror” the Materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by the MDM2 at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format.

 

4. Disclaimer of Warranties

 

a. This Website and the Materials on this Website are provided on an “as is” and “as available” basis. To the fullest extent permissible by law, MDM2 makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MDM2 does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on the Website or otherwise relating to such Materials or on any sites linked to this site.

b. Information available through the Website’s InSite property search (GIS) is obtained from the owner of the business or from a business’ legal representative and is deemed reliable. However, no warranty or guarantee, either expressed or implied, is made with respect to the accuracy of any such information. All information is subject to change without notice and/or prior leasing. The information does not constitute an offer to lease/purchase.

 

5. Limitations of Liabilities

 

User expressly agrees that use of the Website, services, and Materials is at your sole risk. MDM2 does not guarantee the continuous, uninterrupted or secure access to the Website or any related services. The operation of the Website may be interfered with by numerous factors outside the control of MDM2. In no event shall MDM2 or any of its officers, directors, employees, agents, merchants, suppliers, sponsors, licensors, and/or any other third party who provides products or services purchased from or distributed by MDM2 be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Materials on the Website, even if MDM2 or an MDM2 authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

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If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue your use of this Website.

 

6. Revisions and Errata

 

The Materials appearing on the Website may include technical, typographical, or photographic errors. MDM2 does not warrant that any of the Materials on the Website are accurate, complete, or current. MDM2 may make changes to the Materials contained on the Website at any time without notice. MDM2 does not, however, make any commitment to update the Materials.

 

7. Links

 

MDM2 has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the MDM2 of the site. Use of any such linked website is at the user’s own risk. MDM2 makes no warranties or representations, and disclaims all liability, reliability, viewpoint, accuracy, currency, decency, or any other aspect of any linked website. MDM2 encourages you to examine the privacy policies and/or terms of use policies of any third party website.

 

8. Online Conduct

 

You agree to use the Website and any e-mail services or other social media tools, including Facebook and Twitter, provided through this Website only for lawful purposes. Unacceptable uses of the Website or social media include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by MDM2 to be in conflict with the spirit or intent of this Website. Specifically, among other inappropriate conduct, the following acts are not authorized:

 

  • Abusive, harassing, threatening or attacking others

  • Defamatory, offensive, obscene, vulgar or depicting violence

  • Fraudulent, deceptive, misleading or unlawful

  • Trolling or deliberate disruption of discussion

  • Violations of any intellectual property rights

  • Spamming, commercial solicitation or link baiting

 

In addition to the rights subject to Section 9 of this Agreement, MDM2 reserves the right, in its sole discretion, to remove or revise any and all content posted to its Website or other social that is in violation of this Agreement.

 

9. Termination

 

These Terms and Conditions of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Website. Your access to the Website may be terminated immediately without notice from MDM2 if in its sole discretion you fail to comply with any term or provision of these Terms and Conditions of Use.

 

10. Security

 

MDM2 reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.

 

11. Indemnification

 

You agree to defend, indemnify and hold harmless MDM2 and its subsidiaries, agents, managers, and other affiliated companies, and its employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) your use of the Website or the Materials, including any data or work transmitted or received by you or any service provider; (b) your violation of these Terms and Conditions of Use; or (c) your violation of any rights of a third party or service provider.

 

12. Site Terms of Use Modifications

 

MDM2 may revise these Terms and Conditions of Use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.

 

13. Governing Law

 

Any claim relating to this Website shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.

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