Effective Date: June 15th, 2022

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These Websites Terms of Use (“Terms”) are entered into by and between You and MedTech Color and the MedTech Color Collaborative Community (“Company”, “we”, or “us”). The following Terms govern your access to and use of https://medtechcolor.org/ and https://medtechcolor.org/collaborative-community-home/ (the “Websites”), including any content, functionality, and services offered on or through the Websites.

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These Terms contain important provisions that limit our liability to you (Section 11) and require you to resolve your disputes with us as an individual and not as part of a class or representative action, and without a jury trial (Section 12).

By using the Websites, you signify that you are of legal age in your place of residence and agree to these Terms. If you do not want to agree to these Terms, you must not access or use the Websites.

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1. Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

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2. Changes to these Terms

We reserve the right to modify, update, or remove portions of these Terms. We will provide you notice if we do, and we agree that changes cannot be retroactive. If you do not agree to these changes, you cannot use the Websites.

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3. Consent to Electronic Communications

You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

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4. Mobile Service Charges

You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

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5. Intellectual Property Rights

For purposes of these Terms, “Content” means all content, information and material made available on or through the Websites, including, without limitation, text, photos, images, graphics, animations, music, audios, videos, and software applications, whether or not downloadable, as well as all layout design and look and feel elements of the Websites. Unless otherwise indicated in writing by us, all Content is the proprietary property of Company or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.

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Subject to your compliance with these Terms and applicable laws, we grant you a revocable, conditional and limited license to access and use the Websites and Content for your own lawful personal and noncommercial use only. This license is personal to you and is not transferable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any unauthorized use, copying, reproduction or distribution of the Content is strictly prohibited and may result in civil and/or criminal liabilities. We reserve all rights not expressly granted herein.

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Without limitation to the generality of the foregoing, if you download any Content, you understand and agree that you are only authorized to retain such downloaded Content for your own lawful personal and noncommercial use only and that you are not permitted to distribute (including by sale, lending, or otherwise), transfer, or otherwise disseminate such downloaded Content (or any derivative work thereof) to others.

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Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Company or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

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The term MedTech Color, the Company logo, and any other Company product or service names, logos or slogans that may appear on the Websites are trademarks of Company and are protected by U.S. federal and state law. Except as specifically permitted by applicable laws, any unauthorized use of Company’s trademarks is strictly prohibited and may give rise to civil and/or criminal liabilities. Third-party trademarks appearing on the Websites are the property of their respective owners.

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6. User Feedback

If you submit to us ideas, suggestions, comments, or other feedback concerning the Websites or Content, whether solicited or unsolicited (“Feedback”), you understand and agree that:

 

• Company and our and their successors and assigns, will be free to copy and use your Feedback for any and all commercial and noncommercial purposes (including, without limitation, for marketing, advertising, promotion, and product/service development);

• Your Feedback submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of compensation, payment, credit, attribution, secrecy or confidentiality;

• Your Feedback submission does not give rise to any contractual, fiduciary or confidential relationship of any kind (whether express or implied) between you and Company; and

• Your Feedback submission may be used and retained indefinitely by Company and our and their successors and assigns.

 

7. Reservation of Rights

We reserve the right to modify or discontinue all or any part of the Websites at any time in our sole discretion, with or without notice. We will not be liable to you or to any other user, if for any reason all or any part of the Websites becomes unavailable at any time or in any location. We also reserve the right to suspend or terminate your use of the Websites, if we determine (in our sole judgment) that you are in violation of these Terms or any applicable law or that your use of the Websites may expose us or any of our suppliers or partners to liability of any kind, or may adversely affect the brand or reputation of the Company.

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8. User Conduct, Prohibited Use

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Websites. You agree that you will comply with the MedTech Color Collaborative Community Antitrust Guidelines and any other guidelines that MedTech Color has published or may publish in the future. You agree that you will abide by these Terms and will not:

 

• Use the Websites or Content (defined below) other than for your own lawful personal and noncommercial use only;

• Engage in any harassing, threatening, intimidating, predatory, stalking, or other malicious conduct;

• Use the Websites in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Websites or that could damage, disable, overburden or impair the functioning of the Websites in any manner;

• Reverse engineer any aspect of the Websites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Websites;

• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Websites that you are not authorized to access;

• Develop any third party applications that interact with Content or the Websites without our prior written consent;

• Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Websites, extract data or otherwise interfere with or modify the rendering of pages or functionality; or

• Use the Websites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

 

We reserve the right to terminate your use of the Websites at any time, including for violations of the prohibitions in this Section. To help support our community, we encourage you to report or conduct that you believe violates your rights or our Terms and policies at info@medtechcolor.org.

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9. Disclaimers

Your use of the Websites or its Content is at your own risk. The Websites and Content are provided to you “as is,” with all faults and defects and without warranties of any kind, either express or implied. To the maximum extent permitted under applicable law, we expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Websites and Content, including all implied warranties of merchantability, absence of defects, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, WE PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND that the Websites or Content will:

 

• Meet your requirements or achieve any intended results;

• Be compatible or work with any other software, applications, systems or services;

• Operate without interruption;

• Meet any performance or reliability standards; or

• Be secure, error-free or that any errors or defects can or will be corrected.

 

You acknowledge and understand that transmitting your information using the internet and the Websites is inherently risky, as the security of such transmission cannot be guaranteed and a breach, compromise, or other incident may occur notwithstanding reasonable precautions.

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10. Limitations of Liability; User Indemnity

Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Company be liable to you or any third party for the following in connection with your use of the Websites: (1) any indirect, incidental, exemplary, consequential, punitive or other special categories of damages (including any loss of data, opportunities, reputation, profits or revenues), even if advised of the possibility of such damages; or (2) any amount in excess of one U.S. dollars ($100).

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The Section allocates the risks under these terms between you and us, and we both have relied on these limitations in determining whether to enter into these Terms. Some jurisdictions do not allow the disclaimer or limitation of liability, which means that some of the above limitations may not apply to you. In these jurisdictions, our liability will be limited to the greatest extent permitted by law.

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You agree to indemnity, defend, and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including attorneys’ fees) (“Claims”) resulting from your breach of any provision of these Terms. Any such indemnification shall be conditioned on our (a) notifying you in writing of such Claim and (b) reasonably cooperating with you in the defense or settlement thereof. We shall be entitled to participate in such defense at our own cost and expense.

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11. Dispute Resolution; Jury Waiver; Class Action Waiver; Limitation on Time to Bring an Action

If a dispute arises between you and us, we strongly encourage you to contact us directly through our contact page to seek resolution of your dispute.

If you decide to bring an action against us, you agree:

 

• To resolve your disputes with us on an INDIVIDUAL BASIS;

• To WAIVE ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY; and

• To WAIVE YOUR RIGHT TO A JURY TRIAL on any disputes that may arise.

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Websites or any content MUST BE FILED WITHIN ONE (1) YEAR after such claim or cause of action arose, or such claim or cause of action will be forever barred.

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12. Governing Law and Jurisdiction

These Terms are governed by and construed and enforced in accordance with the internal laws of the U.S. State of California without giving effect to the principles of conflicts of laws of such state) and are binding upon the parties hereto in the United States and worldwide. You and Company agree to be subject to the jurisdiction of courts in the city of Los Angeles, California.

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13. Third Party Links

The Websites may contain links to other sites on the Internet that are owned or operated by third parties. Company makes no claim or representation regarding the quality, content, nature or reliability of third party Websites accessible by hyperlink from the Websites or of Websites linking to the Websites. We provide these links solely as a convenience. Company is not responsible for the privacy practices or the content of any off-site pages or any other sites linked to the Websites, whether or not they are affiliated with Company. The appearance of a link does not imply our endorsement, nor are we responsible for any content on a linked site. You access linked sites at your own risk.

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14. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Websites at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event.

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15. General Terms

The relationship of You and us established under these Terms is that of independent contractors, and neither party is a partner, employee, agent or joint venture partner of or with the other, and neither party has the right or authority to assume or create any obligation on behalf of the other party. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and be enforceable. These Terms are the complete and exclusive statement of the terms and conditions governing your use of the Websites, and they supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign your rights or obligations under these Terms.