Website Terms of Use

Last updated: August 13, 2024

Welcome to MedaSystems!

These Terms of Use (“Terms”) form a binding agreement between you (“User”) and MedaSystems, Inc. (“MedaSystems”, “we”, “us”, or “our”). By accessing or using our website at https://medasystems.com (the “Site”), you agree to be bound by these Terms. If you do not agree, please discontinue use immediately.

1. Acceptance of Terms

By accessing the Site, you confirm that you have read, understood, and agree to comply with these Terms. We may update these Terms occasionally, and your continued use of the Site signifies your acceptance of any changes. It’s your responsibility to review these Terms regularly. We will notify you of any significant changes by updating the “Last updated” date and, if feasible, by providing a notice on the Site.

2. Eligibility

The Site is intended for users who are at least 18 years old. By using the Site, you affirm that you are of legal age in your jurisdiction to form a binding contract with MedaSystems. If you are under 18, you are not permitted to use or register for the Site.

3. Intellectual Property Rights

All content on the Site, including text, graphics, logos, images, and software, is the property of MedaSystems or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use any content from the Site without our express written permission. You are granted a limited license to access and use the Site for your personal, non-commercial use. Unauthorized use may violate copyright, trademark, and other laws.

4. User Responsibilities

By using the Site, you agree to:

• Provide accurate, current, and complete information.

• Use the Site for lawful purposes only.

• Respect the intellectual property rights of others.

• Keep your login information secure and confidential.

You are prohibited from:

• Using the Site to engage in any fraudulent or illegal activities.

• Distributing viruses, malware, or any other harmful code.

• Collecting user information without their consent.

• Interfering with the Site’s operation or security features.

• Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

5. User-Generated Content

The Site may offer features that allow users to post content, such as comments or reviews (“User-Generated Content”). By submitting User-Generated Content, you grant MedaSystems a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User-Generated Content in connection with the Site and MedaSystems’ business. You represent and warrant that:

• You own or have the necessary rights to use and authorize MedaSystems to use the User-Generated Content.

• Your User-Generated Content does not violate any laws or infringe the rights of any third party.

• Your User-Generated Content is not defamatory, obscene, offensive, or otherwise objectionable.

We reserve the right, but not the obligation, to monitor and remove any User-Generated Content that we deem to violate these Terms or be otherwise harmful.

6. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which can be found at https://medasystems.com/privacy-policy. By using the Site, you consent to the practices described in our Privacy Policy, including the collection, use, and sharing of your information as described therein.

7. Third-Party Links

The Site may contain links to third-party websites. MedaSystems is not responsible for the content or practices of these websites. Accessing third-party sites is at your own risk, and we encourage you to review their terms and privacy policies. Links to third-party websites do not imply endorsement by MedaSystems.

8. Site Management

We reserve the right to:

• Monitor the Site for violations of these Terms.

• Take appropriate action against anyone violating the law or these Terms, including reporting to law enforcement authorities.

• Modify, suspend, or discontinue the Site at any time without notice.

• Remove or disable access to any content that is excessive in size or burdensome to our systems.

• Restrict access to certain parts or all of the Site at our discretion.

9. Disclaimer of Warranties

The Site is provided “as is” and “as available.” MedaSystems disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be error-free, uninterrupted, or free of viruses or other harmful components.

10. Limitation of Liability

To the maximum extent permitted by law, MedaSystems is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, revenues, data, or use, arising out of your access to or use of the Site, even if advised of the possibility of such damages. Our total liability for any claims arising from your use of the Site is limited to the amount you paid, if any, to access the Site in the six months preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless MedaSystems and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of:

• Your use of the Site.

• Your violation of these Terms.

• Your violation of any third-party rights, including intellectual property or privacy rights.

• Any harmful act committed by you against another user of the Site.

12. Dispute Resolution

Binding Arbitration: If we cannot resolve any dispute through informal negotiations, any claim arising from these Terms or the Site will be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) in the nearest federal court jurisdiction, which includes San Francisco or Oakland, California. This location is chosen for the convenience of MedaSystems as it is our place of business. You waive your right to a jury trial or to participate in a class action.

Exceptions: The following disputes are not subject to arbitration: (a) any disputes related to intellectual property rights; (b) claims of theft, piracy, invasion of privacy, or unauthorized use; and (c) requests for injunctive relief.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes not subject to arbitration will be resolved in the state or federal courts located in San Francisco or Oakland, California.

14. Miscellaneous

These Terms of Use, along with any policies or operating rules posted by us on the Site or in respect to the Site, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

15. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254

16. Users in the European Union, United Kingdom, and Switzerland

If you are located in the European Union, United Kingdom, or Switzerland, you are entitled to certain information and have certain rights under the General Data Protection Regulation (GDPR) and other applicable data protection laws. These include the rights to:

• Access your personal data.

• Ensure the accuracy of your personal data.

• The right to have us delete your personal data.

• The right to restrict further processing of your personal data.

• The right to complain to a supervisory authority in your country of residence in the event that data is misused.

For more information on your rights, please review our Privacy Policy at https://medasystems.com/privacy-policy.

17. Contact Us

If you have any questions or need further information, please contact us at:

MedaSystems, Inc.

3475 Edison Way

Suite R

Menlo Park, CA 94025

United States

Phone: (408) 384-9392

Email: info@medasystems.com