Terms of Use

Effective as of: September 1 2020.

 

This website, www.medtechsolutions.com (the “Website”), is operated by Medical Technology Solutions, LLC.  The terms “we,” “us,” “our” and “MTS” refer to Medical Technology Solutions, LLC, its affiliates and subsidiaries. MTS offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and on this Website.

By visiting our Website and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Use”) and our Privacy Policy located at www.medtechsolutions.com/legal,which are incorporated herein by reference. These Terms of Use apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use and Privacy Policy carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to Terms of Use and our Privacy Policy, then you may not access the Website.

Any new features or tools which are added to the Website shall also be subject to the Terms of Use and our Privacy Policy. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of the Terms of Use at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

 

Use Limitation

Unless otherwise specified, the Website is exclusively for business use as it relates to your relationship to MTS, and personal and other non-commercial use. Unless expressly permitted by MTS, you may not modify, copy, exploit, distribute (including creating links to), transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, solutions/products or services obtained from the Website. Subject to MTS written approval, any applicable terms in addition to these Terms of Use and our Privacy Policy, you may download information, software, solutions/products or services obtained from the Website, provided you keep intact all copyright and other proprietary notices.

 

Third Party Links

MTS makes no representations whatsoever about third party websites which you may access through the Website (“Linked Websites”). When you access Linked Websites, even one that may contain the MTS trademark, service mark, trade name or logo, please understand that it is independent from MTS, and that MTS has no control over the content on that website. MTS is not responsible for the contents of any Linked Website, or any changes or updates to a Linked Website. MTS is not responsible for any form of transmission received from any Linked Website. MTS makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Linked Websites and shall have no liability for any damages or injuries of any kind arising from such content or information. MTS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MTS of the site or any association with its operators. It is up to you to read the terms and conditions and privacy policies of all third party sites, and to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, trojan horses and other items of a destructive nature.

 

Unlawful or Prohibited Use

You hereby warrant to MTS that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website, other websites, third parties or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Website, other websites, or the Internet. We reserve the right to terminate your use of this Website for violating any of the prohibited uses or these Terms of Use.

 

Use of Communication Services.

This Website may contain bulletin board services, chat areas, blogs, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with and share information with the public at large or with a group (collectively, “Communications”). You agree to use the Communications services only to post, send and receive messages and material that are proper and related to the particular Communications service. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, alter, modify and otherwise use in any medium any Communications that you forward to us.

By making your Communications available to us, you hereby grant us a non-exclusive, perpetual, transferable, sublicensable, worldwide, fully paid royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your Communications (“Your License”). We are and shall be under no obligation to: (1) maintain any Communications in confidence; (2) to pay compensation for any Communications; or (3) to respond to any Communications.

We may, in our sole discretion, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms of Use. Additional terms and conditions may apply to contests, sweepstakes, giveaways and other promotions sponsored by MTS and its partners.  It is your responsibility to carefully review those terms and conditions.

You are responsible for your Communications.  You represent and warrant that you own your Communications or that you have all rights necessary to grant us Your License.  You also represent and warrant that your Communications and the use and provision of your Communications will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Communications. You are solely responsible for any Communications you make and their accuracy. We take no responsibility and assume no liability for any Communications posted by you or any third party.

You also agree that your Communications will comply with the following guidelines:

• Be respectful of the opinions of others. Even though you might not agree with someone, that doesn’t mean they are wrong or deserve to be belittled.
• Remember that what works for you may not work for everyone else.  Give everyone the same courtesy you would expect in return.
• Do not post profane or explicit content.
• Do not post pictures that might be considered inappropriate.
• Do not post communications that could be interpreted as threatening or harassing.
• Do not post, advertise, or promote products or services commercially.

 

Unsolicited Idea Submission Policy

MTS and its employees do not accept nor consider unsolicited ideas and materials, including ideas for advertising campaigns, promotions, new or improved solutions, products or technologies, solution or product enhancements, processes, marketing plans or new solution or product names. Please do not submit any unsolicited ideas, samples, demos or other works. If, despite our request that you not send us your ideas, you still submit them, then regardless of what message accompanies the submission, you hereby agree that: (1) your submissions and their contents will automatically become both the legal and equitable property of MTS, without any compensation to you; (2) MTS may use or redistribute the submissions and their contents for any purpose and in any way without limitation; (3) there is no obligation for MTS to review the submission; (4) there is no obligation to keep any submissions confidential; and (5) you hereby expressly agree to waive any and all moral rights arising from your submissions and their contents so far as is lawfully possible and any broadly equivalent rights you may have in respect of your submissions and their contents in any territory of the world.

 

Software Available on the Website

Any software that is made available to download from the Website is the copyrighted work of MTS and/or its suppliers (“Software”). Your use of the Software is governed by the terms of the user license agreement, if any, which accompanies or is included with the Software (the “License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a License Agreement, MTS hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Website in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. No other license is granted.

You shall not modify, alter, decompile, reverse engineer or otherwise change Software, except to the extent as permitted by applicable law. All Software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. ANY SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.

 

Liability Disclaimer

Some of the information contained on the Website is presented for the purpose of educating on wellness and disease management topics and/or educating the public on emerging healthcare issues. Nothing contained in the Website is intended to be instruction for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of the advice of your physician or other qualified healthcare provider. Information obtained from the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any healthcare related questions, please consult your physician or other qualified health care provider promptly. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on the Website. The information contained on the Website is compiled from a variety of sources (“Information Providers”). Neither MTS nor the Information Providers directly or indirectly practice medicine or dispense medical services as part of the Website.

THE INFORMATION, SOFTWARE, SOLUTIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MTS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, TECHNICAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MTS AND ITS RESPECTIVE SUPPLIERS AND INFORMATION PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. MTS AND/OR ITS RESPECTIVE SUPPLIERS AND INFORMATION PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SOLUTIONS, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS AND INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MTS OR ANY OF ITS SUPPLIERS AND INFORMATION PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF MTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, INCLUDING THIS SECTION, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

 

Copyright and Trademark Notices

The content of this Website and any related software and documentation are protected by copyright laws as well as international copyright treaties. Material found on the Website contains the valuable properties of MTS and/or its suppliers and Information Providers, embodying substantial creative efforts, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval system, without the express written permission of MTS. The use or misuse of trademarks, service marks, tradenames, copyrights, or other materials (collectively “Intellectual Property”), except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, communications regulations and statutes, and other laws, statutes and/or regulations.

MTS reserves all rights in its Intellectual Property.

 

Notices and Procedures for Making Claims of Copyright Infringement.

MTS respects other parties’ intellectual property rights and copyright law, and expects its users to do the same.  MTS reserves the right, in its sole discretion, with or without notice, to terminate content, Communications, account holders and users who infringe the rights of copyright holders.  Please see MTS’s DMCA/COPYRIGHT POLICY located at www.medtechsolutions.com/legal, which is incorporated and made part of these Terms of Use.

 

User Representations.

You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Website in accordance with terms of Use. You agree to be financially responsible for your use of the Website and to comply with your responsibilities and obligations as stated in these Terms of Use.

 

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF USE OR ANY ACTIVITY RELATED TO YOUR USE OF THE WEBSITE AND ANY ACCOUNT YOU MIGHT HAVE (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS, MISAPPROPRIATION OF TRADE SECRETS OR OTHER PROPRIETARY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).

 

Waiver, Release and Limitation of Liability

YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE. THIS SECTION WILL NOT APPLY TO CLAIMS ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY MTS OR ANY OTHER CLAIMS IN RESPECT OF LIABLITY THAT CANNOT BE LAWFULLY EXCLUDED OR LIMITED.

 

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Entire Agreement – Waiver

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and our Privacy Policy and any policies or operating rules posted by us on this Website constitutes the entire agreement and understanding between you and us and govern your use of the this Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use or Privacy Policies).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

Governing Law & Disputes

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Website) using or related to the Website, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of California.

You agree that any disputes and judicial proceeding (including arbitration proceedings) will be brought in Los Angeles County, California, U.S.A.  Both you and MTS consent to venue and personal jurisdiction there.  We both agree to waive our right to a jury trial.

You further agree that you may only resolve disputes with MTS on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.  Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement and these Terms of Use.

 

Changes, Term & Termination

You can review the most current version of the Terms of Use at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

MTS may terminate your right to use the Website at any time, with or without cause. In addition, MTS may withdraw, suspend or discontinue any functionality or feature of the Website; provided, however, that if your agreement with MTS provides for the continued use of any Software, MTS will continue to provide that respective Software to you subject to the provisions of such agreement.

 

Global Availability and Contact Information

MTS makes no representations that the information on the Website is appropriate or available for use in locations outside the United States. Those who choose to access the Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

Questions about the Terms of Service should be sent to us at legal@medtechsolutions.com.