Medical Device Net

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Medical Device Net LLC Terms of Use

This Terms of Use agreement (the "Agreement") governs use of the website and online services owned and operated by Medical Device Net LLC ("Medical Device Net") located at www.meddevicenet.com website (the "Site") and the services provided via the Site or otherwise by Medical Device Net (the "Services"). Your use of the Services in whole or in part constitutes the binding acceptance of you (the "User") to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should not use the Site or Services. Some Services may be subject to additional posted rules, policies and terms. Medical Device Net reserves the right, in Medical Device Net's sole discretion, at any time, to modify, alter, or update all or any part of the terms and conditions of this Agreement without prior notice to Users. User's continued use of the Site and/or Services after changes to the Terms of Use have been published on our Site constitutes User's binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to User, User should immediately cease all use of the Services.

1. Description of Site and Services

The Services that Medical Device Net provides include a free platform that helps medical device purchasers, healthcare professionals, patients, and other stakeholders to select the right medical devices. The platform further allows medical device manufacturers to showcase the most updated technical & sales information of their products for head-to-head comparison of similar devices.

Medical Device Net makes no representation that the materials contained on the Site and Services are appropriate or will be available for use outside USA. User is entirely responsible for compliance with applicable local laws, including but not limited to applicable export and import regulations.

The Services include a combination of contents that we create and that other third party content suppliers create. The basic Site and basic content are provided free to Users who visit the Site. Certain enhanced features and/or content may only be available to registered Users or subscribers. In addition, the Services provide forums for the User and other Users to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works, messages, transmissions or material to us or other Users (collectively, the "Postings"). If User publicly discloses personal identifying information, such as User's name or email address, in connection with the forum, the information may be collected and used by others. User should also take reasonable precautions with regard to any material downloaded from or through the forum (for example, scanning for viruses or other damaging computer programming routines). User agrees to use the forums only to send and receive messages and material that are proper and related to that particular forum.

Postings by Users on our Site do not reflect the views of Medical Device Net, and Medical Device Net does not verify, endorse, or vouch for any such content. We reserve the right, in our sole discretion, at any time, without prior notice and without limiting any and all other rights we may have, at law or in equity, to (a) modify, refuse or remove the Posting; (b) revoke the applicable User's right to use the Services; and/or (c) use any technological, legal, operational or other means available to Medical Device Net to enforce the provisions of the Terms of Use, including, without limitation, blocking specific IP addresses or deactivating the applicable User's registration.

User understands and agrees that the Services may include certain communications from Medical Device Net (such as administrative messages and certain newsletters), and that these communications are considered part of the Service and User may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Site or Services shall be subject to the Terms of Use.

Medical Device Net reserves the right, in Medical Device Net's sole discretion, at any time, to modify, alter, or update all or any part of the Site or Services without prior notice to Users.

2. Rules, Responsibilities and Obligations

User's use of the Site and Services is subject to all applicable local, state, national and international laws and regulations, and User agrees not to violate such laws and regulations. In addition, Users agree to the following:

  1. User will not restrict, inhibit, or interfere with any other User's using or enjoying the Site or the Services, disrupt the normal flow of dialogue, or act in a manner that negatively affects other users' ability to engage in real time exchanges.
  2. User will not interfere with or disrupt the proper working and security measures of the Site, Services, servers, or networks connected to the Site and/or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site and/or Services.
  3. User will comply with United States law regarding the transmission of technical data exported from the United States.
  4. User will not send, upload, post, email or otherwise transmit to the Site any content that is false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, bigoted, hateful, racially or ethnically offensive, invasive of other individual's privacy, endorsing or advocating illegal activity, or harmful to minors in any way such as child pornography.
  5. User will not upload, post, email or otherwise transmit to the Site any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose.
  6. User of the Site or Services or Services agrees not to engage in any conduct that is anti-competitive, deceptive or otherwise in violation of any law including those governing competition or trade practices.
  7. Unless otherwise provided in writing by Medical Device Net or covered as confidential in the Privacy Policy, all information provided by User to Medical Device Net in connection with the Site or Services shall be deemed not to be confidential, and Medical Device Net will not protect any such information from disclosure. Medical Device Net shall be free to use, disclose and distribute such non-confidential information to third parties without any limitation.
  8. User will not upload, post, email or otherwise transmit to or through the Site any material that contains software viruses, Trojan horses, time bombs, worms, cancelbots, easter eggs, programming routines, any other computer code, files, programs or potentially contaminating or destructive information, data or feature that may harm, interrupt, destroy or limit the functionality of the Site, any computer software or hardware, or telecommunications equipment, or interfere with the operation of any system, or unlawfully intercept any data or personal information.
  9. User will not collect or store personal data about other users.
  10. User will not falsely state or otherwise misrepresent User's affiliation with a person or entity;
  11. User will not promote or generate revenue for any business or commercial purposes, whether or not for a charge or through linking with any other web services or pages, unless authorized by Medical Device Net.
  12. User will not intentionally or unintentionally violate any applicable local, state, national or international law.
  13. User will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services and/or Site.
  14. User will only upload, post, email or transmit to the Site content that is original and/or with all third-party permission necessary. User is the sole and exclusive owner of all rights. User has the full and restricted power to convey such rights to Medical Device Net and its affiliates free and clear of the claims of any other person or entity.
  15. User will not upload, post, email or otherwise transmit to the Site any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  16. User will not upload, post, email or otherwise transmit to the Site any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of publicity or privacy of any party; or any content that violates a nondisclosure agreement, any law or regulation (including, without limitation, those governing export control, unfair competition, or false advertising); or any content that constitutes trade libel or product disparagement.
  17. User will not reproduce, modify, distribute, republish or retransmit materials contained on the Site or Service (either directly or by linking) without prior written permission of Medical Device Net. User will not reproduce, modify, distribute, republish or retransmit materials contained on the Site or Service (either directly or by linking) posted by any other Users without prior written permission of that user and Medical Device Net. User will not alter or remove any trademark, copyright or other notice from copies of content. All trademarks, service marks, trade names, trade dress and logos appearing on the site are the property of their respective owners, including in some instances Medical Device Net.
  18. &Medical Device Net shall have the right, but not the obligation, to determine whether User's conduct in using the Site or Services complies with applicable laws or regulations, and to monitor the content of the Site and Services, including URLs and statistics, to determine User's compliance with these Terms of Use and any operating rules established by Medical Device Net and to satisfy any law, regulation, or requests from governmental authorities. Medical Device Net shall have the right, but not the obligation, in its sole discretion at any time and for any reason without giving User any prior notice, to restrict, suspend or terminate User's access to all or any part of our Services; to edit, refuse, move or remove for any reason any material submitted or posted by User or is available on or through the Site or using the Services; to deactivate or delete User's accounts and all related information and files in User's account; and to establish general practices and limits concerning use of the Services. User agrees that Medical Device Net will not be liable to the user or any third party for taking any of these actions.
  19. User is responsible for obtaining access to the Site and Services and that access may involve third party fees (such as Internet service provider or airtime charges). User is responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, User must provide and are responsible for all equipment necessary to access the Site and Services.
  20. User understands that from time to time, User may communicate with, receive communications from, or otherwise participate in or use the services or obtain goods and services of or from, third parties (e.g., advertisers) as a result of use of the Services.
  21. In registration for access or use of our Services, you agree that you will provide accurate information (such as yo ur real name and a valid e-mail address) and will update your relevant information if it becomes outdated. If you provide any information that is, or that Medical Device Net in its reasonable discretion determines may be, untrue, inaccurate, not current or incomplete, Medical Device Net has the right, without prior notice, to suspend or terminate User's account and refuse any and all current or future use of the Services (or any portion thereof). If Medical Device Net allows User to choose a username and User selects, in Medical Device Net's sole discretion, one that is obscene, indecent, abusive or which is otherwise objectionable, Medical Device Net has the right, without prior notice to the User, to automatically change User's username, delete User's Postings under it, deny User access to the Services, or any combination of these options. User may not transfer User's registration, password or user name to another person or share it with anyone. We will not be responsible for any loss or damage that may result if User fails to comply with these requirements. If User believe User's information has been used without User's authorization, User agrees to notify Medical Device Net immediately.

3. Release and Waiver of Rights

User releases Medical Device Net and expressly waive any and all claims against Medical Device Net that may arise from the User's use of the Services and/or Site. Specifically, without limitation, by accessing, using, uploading or linking to content using the Services and/or on the Site, User releases Medical Device Net and expressly waive all claims against Medical Device Net arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from User's use of the Services and/or Site. User specifically grants to Medical Device Net and its affiliates and service providers (or warrant that the owner of such content grants to Medical Device Net and its affiliates and service providers) a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, to (i) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all Postings submitted by User or through User's account, in whole or in part; (ii) use, in whole or in part, User's name, likeness, photograph, voice, company name, screen name, e-mail address and/or other identifying information submitted by the User as part of or in connection with such Postings ("Image"), and reproduce, publish, create derivative works from, distribute, perform and display materials containing the same; and (iii) incorporate the Postings and the Image in other works in any form, media or technology now known or later developed throughout the universe, and reproduce, publish, display and otherwise distribute the same.

By virtue of the above grant, User also gives Medical Device Net and its affiliate's permission to copy User's Postings and the Image as part of the normal backup process and/or to archive discussions containing User's Postings and/or the Image.

4. Communications From or Through the Site or Services

The User agrees to allow Medical Device Net to send information to Users regarding the Site and Services from time to time. This information may be of a corporate, promotional, third-party advertising, or product nature. For more information on Medical Device Net's use of User information, please read Medical Device Net's Privacy Policy.

5. Third-Party Sites and Linked Content

As a convenience to Users, this Site contains links to third party websites including websites of manufacturers where it is appropriate (the "External Sites"). References on the Site to any such products or services or the inclusion on the Site of links to, or frames of, the web sites or computer systems of any third parties does not constitute or imply an endorsement by Medical Device Net with respect to the content, advertising, products, services, or other materials available on or from such External Sites. Medical Device Net makes no representation or warranty, express or implied, with respect to the content (or the accuracy, currentness, availability, or completeness of such content), and is not responsible for the quality of the products, services, web sites or computer systems provided by third parties that may be referred to on, or accessible through, our Site or Services, and Medical Device Net shall have no liability of any nature whatsoever in relation to any of the foregoing.

User should take precautions when downloading files from all Sites to protect User's computer from viruses and other destructive programs. If User decides to access any External Site through links provided on our Site or Services, User does so at User's own risk. Users should contact the Sites administrator or webmaster for those third-party Sites if Users have any concerns regarding such links or the content located on such External Sites. Use of External Sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. Medical Device Net shall not be responsible or liable to User or the third party in any way in connection with all communication, interaction, participation, activities or transactions (including, but not limited to, any representations, warranties, covenants, contracts or other terms or conditions that may exist between User and the third party, or any goods or services User may purchase or obtain from any third party) between User and such third party.

6. Modifications and Interruption to Site or Services

Users acknowledge and accepts that Medical Device Net does not guarantee continuous, uninterrupted or secure access to the Services or Site and operation of our Site or Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Medical Device Net shall not be liable to a User or any third party for any modifications, interruptions, outages, downtimes or disruptions to the Services. Medical Device Net reserves the right to modify or discontinue the Services and/or Site with or without notice to Users.

7. Proprietary Rights, Copyrights and Trademark

All content included or available on the Site or within the Services, including Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectable elements of the Site and Services, including, but not limited to, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names, excluding any of User's Postings (individually and/or collectively, "Material"), are the property of Medical Device Net, its subsidiaries, affiliates, licensors or suppliers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign, laws, regulations and treaties. Except as stated herein, User has no right to copy, download, display, perform, decompile, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. User agrees not to "link," "frame" or "mirror" the Medical Device Net Site, or any material contained on or accessible from the Site, on or from any other server or device without the express prior written permission of an authorized officer of Medical Device Net.

The compilation of all content on the Site is the exclusive property of Medical Device Net. Any use of materials on the Site or within the Services, including reproduction, modification, creation of derivative works from, displaying, performing, publishing, distribution, dissemination, framing, broadcast or circulation to any third party (including, without limitation, on or via a third party web site), any form of data extraction or data mining, other commercial exploitation of any kind, or any other use of any materials contained on the Site or Services (except for User's Postings) without the express prior written permission of an authorized officer of Medical Device Net or its owner if Medical Device Net is not the owner, is strictly prohibited. User must not alter, delete or conceal any copyright or other notices contained on the Site or Services, including notices on any Material the User downloads, transmits, prints or reproduces from the Site or Services. User agrees not to use any robot, spider, or other automatic device, or manual process to monitor or copy the Services, the Site or any portion thereof. Any unauthorized or prohibited use of any Material, may subject User to civil liability or criminal prosecution, or both, under applicable federal and state laws. User further agree not to access the Services by any means other than through the interface that is provided by Medical Device Net for use in accessing the Services.

Medical Device Net is a trademark owned by Medical Device Net. Medical Device Net's trademark may not be used in connection with any product or service that is not provided by Medical Device Net, unless such use is expressly authorized by Medical Device Net. Medical Device Net's trademark may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Medical Device Net.

All other trademark displayed on the Site or that may appear within the Services are the trademark of their respective owners, and their appearance constitutes neither an endorsement, nor a recommendation of those vendors, unless clearly identified as such.

8. Disclaimer of Warranties

The Site, Services, materials and postings are made available by Medical Device Net on an "as is" and "as available" basis. Medical Device Net is under no obligation and does not assume any obligation to monitor the information residing on or transmitted to or from the Site.

Medical Device Net makes no representations, promise or warranties of any kind, express or implied, or any guaranty or assurance regarding the use or the results of the Services and Site in terms of its correctness, accuracy, quality, performance, reliability, availability, timeliness, currentness, adequacy, completeness, usefulness, authenticity, security, validity of any and all features and functions of the Site and Services. If in using the Services, User is exposed to content that User finds offensive, indecent, objectionable or that is inaccurate, User bears all risks associated with using that content. User acknowledges that User may not rely on any of the content, whether created or adopted by Medical Device Net or linked to or submitted to Medical Device Net, including, but not limited to, product information, reviews, white papers, comments displayed anywhere on the Site. Under no circumstances shall Medical Device Net or its affiliates be liable for any interruptions, delays, inaccuracies, errors, omissions, defects, malicious code, security breaches, loss or damage caused, or alleged to have been caused, directly or indirectly, by User's use of the Site or Services, or the information or ideas contained, suggested or referenced on the Site, including without limitation product information provided by Medical Device Net, its affiliates, or any third parties. It is User's responsibility to evaluate the information, opinion, advice, or other content available through the Services. To the fullest extent allowed by applicable law, Medical Device Net disclaims all warranties, either expressed or implied, with regard to the information provided, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Medical Device Net or its affiliates are not liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use or performance of the information on or accessed through the Site, the Services, or the internet generally. The information on the Site is not intended to substitute for advice from any healthcare professionals. It is also not intended to substitute for the Users' relationships with their own healthcare providers.

Medical Device Net does not warrant that its Site or Services will operate error-free or that its services, website and server are free of computer viruses and other harmful goods. If the User's use of the Site or the Services of Medical Device Net, or External Sites or services linked to the Medical Device Net Site or Services, results in the need for servicing or replacing property, material, equipment or data, Medical Device Net is not responsible for those costs. Any material that User downloads or otherwise obtains through the Site or Services is done at User's own discretion and risk, and User will be solely responsible for any potential damages to User's computer system or loss of data that results from User's download of any such material. Postings by Users on our Site do not reflect the views of Medical Device Net, and Medical Device Net does not verify, endorse, or vouch for any such content.

9. Limitation of Liability

USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND SERVICES. MEDICAL DEVICE NET SHALL IN NO EVENT BE LIABLE TO USER OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR ANY DAMAGES WHATSOEVER, ARISING FROM OR RELATED TO THE USE OF THE SITE OR THE SERVICES, OR THE INFORMATION CONTAINED IN THE SITE OR THE SERVICES, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM USER'S USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF MEDICAL DEVICE NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE SITE OR SERVICES, USER AGREES THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH SUCH SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, USER AGREES THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF MEDICAL DEVICE NET TO THE USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00).

10. Indemnification

Users hereby agree to indemnify, defend and hold Medical Device Net, its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, licensors, representatives, and suppliers (collectively, the "Medical Device Net LLC Parties"), harmless from and against any and all liability, losses, expenses, damages and costs (including attorneys' fees), incurred by any Medical Device Net LLC Party in connection with any claim or demand arising out of User's use of the Site or Services, the violation of this Terms of Use, or infringement by a User, or other User of the Services or Site using a User's Medical Device Net membership privilege, any use or alleged use of User's accounts or User's passwords by any person, whether or not authorized by the User, the content User submits, posts, transmits or makes available through the Services, of any intellectual property or any other right of any person or entity. Medical Device Net reserves the right to assume the exclusive defense and control of any claim, action or other matter for which User is required to indemnify us, and all negotiations for settlement or compromise thereof, and User agrees to fully cooperate with Medical Device Net in the defense of any such claim, action, settlement or compromise negotiations, as requested by Medical Device Net.

User agrees to indemnify and defend Medical Device Net and its affiliates and their officers, directors, and employees and agents from and against all third party claims and lawsuits arising out of or relating to User's use of the Site or the Services. If any such claim or lawsuit is asserted against Medical Device Net, Medical Device Net will tender the claim or lawsuit to User for defense. User and Medical Device Net shall cooperate in good faith in defending any such claim or lawsuit, consistent with each party's legal rights, including their respective right to assert the attorney/client privilege.

11. Governing Jurisdiction

The formation, construction and interpretation of these Terms of Use shall be controlled by the laws of the State of Texas, giving no effect to choice of law provisions. We make no representation that our Site, Services and/or Product are appropriate, legal or available for use in locations outside of the United States. User agrees that all matters relating to User's access to or use of the Site or Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. User also agrees that the state and federal courts located in the State of Texas, USA, shall be the exclusive forum for the resolution of all disputes between User and Medical Device Net relating to the use of the Site and/or Services. User consents to the exclusive jurisdiction of these courts. To the extent permitted by applicable law, User waives the right to a trial by jury. If the forgoing exclusive forum provision is unenforceable or inapplicable to a dispute between User and Medical Device Net, User and Medical Device Net agree that such dispute shall be resolved and finally settled by mutually binding arbitration conducted in accordance with the Rules of Arbitration of the American Arbitration Association. To the extent permitted by said rules, the location of the arbitration shall be in Lubbock County, Texas, USA. The arbitrator shall apply Texas law without reference to conflict of laws principles. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing part will be entitled to costs and attorney's fees.

12. Other Terms

No Third Party Beneficiaries: User agrees that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Agreement.

Waiver and Severability of Terms: Failure by Medical Device Net to exercise or enforce at any time any right, provision or option of these Terms of Use shall not constitute a waiver of such right, provision or option, nor affect the validity of this Agreement or any part thereof, or the right of Medical Device Net to thereafter enforce each and every such provisions. If any provision of this Agreement is held invalid, unlawful, void, or unenforceable for any reason, the remainder of the Agreement (and any partially-enforceable provision) shall remain valid and in full force and effect.

Statute of Limitations: User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Privacy Policy: User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.


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Medical Device Net
8401 Gardner Ave.
Lubbock, Texas 79424
USA

E-mail: MedDeviceNet@gmail.com

 © 2018 Medical Device Net, LLC

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