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Terms of Use

These Terms and Conditions of Use (“Terms”) apply to any website, mobile application, or other online service owned or controlled by MCR Technologies, Inc. or its affiliates or subsidiaries (“MCR”) and that posts a link to these Terms (“Site”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING THE SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. You acknowledge that you have read, understood and agree to be bound by these Terms by accessing and using the site. As used herein, “you” includes any user of Services (as defined in the MCR Privacy Policy), any user affiliate and any person with respect to which, or on whose behalf such Services may be provided, including any person with respect to whom any Personal Information (as defined in the Privacy Policy) may be disclosed to, or accessed by, MCR.

YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENTS ARE SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

These Terms may be revised or updated from time to time. Please check these Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend below. Any changes in these Terms become effective upon posting and will apply to use of the site as of the “Last Revised” date. Each time you access, use or browse the site, you signify your acceptance of the then-current Terms.

Accuracy Information

While MCR will use reasonable efforts to include accurate and timely information on the Site, including text, graphics, images, information obtained from MCR’s affiliates, and other material contained on the Site (“Content”) it makes no warranties or representations as to the accuracy of information or timeliness of resources presented on the Site or through links to other websites. MCR shall not be held responsible for any action taken that is based on the information presented on its Site, and all users agree that access and use of the MCR Site and Content presented will be at the user’s own risk.

Links, Resources and References

This website may contain references and links to information, products and services provided by third parties. These references and links are provided as aids to help you identify and locate other resources that may be of interest, and are not intended to state or imply that MCR sponsors, endorses or is affiliated or associated with the persons or entities who provide such information, products or services, nor are the references or links intended to state or imply that MCR is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyright symbol that may be reflected in them.

Any communication transmitted to MCR via the MCR Site or through mail links enabled from this site may be accessed and viewed by other Internet users, without your knowledge and permission. Do not use links in this website to communicate private information or other information that you consider protected or confidential. When you access this site or submit information via this site, you consent to the collection, use, and disclosure of that information as described in our Privacy Policy.

Registration to the Site

In order to use certain features on the Site, you may be required to register by contacting MCR in order to identify the patient account for which you wish to place orders. You may be required to provide information (including but not limited to username, password and email address) as part of a registration process. You agree to provide complete, accurate and up-to-date information as requested on the applicable registration page and to ensure that all information associated with your user account and profile is complete, accurate and up-to-date. Each time you use the Site, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms. MCR has no obligation to independently investigate the authorization or source of any such access or use of the site.

Mobile Apps

In order to use or access the site via a mobile application (“Mobile App”) you must have or may be provided with a compatible mobile device. MCR does not warrant that the Mobile App will be compatible with your mobile device. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. You agree that your access to the Mobile App shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.

The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.

Copyright

Material published in this web site is copyright owned by MCR unless otherwise noted. Such material is protected by U.S. and international copyright laws and treaties. All rights are reserved. If you find these materials useful, you may download, print out or send a copy to others but only for personal use or nonprofit uses. It is absolutely prohibited to reprint or electronically reproduce any text, document, graphic, or audio or visual material for commercial use.

Disclaimer of Endorsement

The information posted on the MCR Site includes information copyrighted by others, as well as hypertext links to other websites. These linked websites are developed and maintained independently and are not a part of the MCR Site. When you leave the MCR Site and travel to another website or web page, you become subject to the terms of use and privacy policies of those other websites. Neither MCR nor any of its sponsoring agencies (or other affiliates) controls or guarantees the accuracy, relevance, timeliness, completeness of any content found on a linked website or endorses the views expressed, or products or services offered by, any third party information or linked website.

Disclaimer of Liability and Warranties

This Site and its contents are provided “as is” and use of the Site and the Content is at your own risk. We disclaim all warranties, express and implied, including the implied warranties of merchantability and of fitness for a particular purpose with respect to any information contained on, accessible through or derived by you from this site and with respect to any products or services purchased by you through this site. Without limiting the foregoing, MCR, its licensors, affiliates and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links or communications provided on or through the use of the MCR Site or MCR We likewise disclaim any and all liability to you arising out of interruption or damage to your computer system or software as the result of accessing or otherwise using this site. WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES, LOST PROFITS OR LOSS OF DATA ARISING OUT OF YOUR USE OF THIS SITE. In the event that any of the foregoing limitations and disclaimers is ineffective, you agree that our maximum liability to you shall be the total of the fees you may have paid to us in connection with your access to this site and/or for products or services you have purchased from us through this site.

Indemnity

You agree to indemnify, defend and hold MCR and its affiliates, agents and other third parties involved in the development of the Site (or who have contributed content thereto) harmless from any loss, liability, claim, demand, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) any content or materials you use, distribute, modify, transmit, or post to the Site; (b) your use of the Site or activities in connection with the Site; (c) your violation of these Terms; (d) your violation of any laws, or rights of MCR or any third party; (e) information or material transmitted through your computer that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; or (f) MCR’s use of your information or content as permitted under these Terms or the Privacy Policy.

Legal Actions

These Terms of Use and the associated Privacy Policy shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflicts of laws principles, and you agree to submit to the personal jurisdiction of the courts of the Commonwealth of Massachusetts. In the event that any portion of these Terms of Use is deemed to a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any clam or cause of action arising out of or related to this website, or the use of this website, must be filed within one year after such claim or cause of action arose and must be filed in a court in Massachusetts. If a court of competent jurisdiction should find that any provision or portion of these Terms of Use or the Privacy Policy is unenforceable, the remainder of each document will continue in full and effect.

Modifications to Site

MCR reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including but not limited to, content, features or hours of availability. MCR may impose limits on certain features of the site or restrict your access to part or all of the Site without notice or penalty.

Responsibility For Use of The Site

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITE BY ANYONE USING YOUR MOBILE APP WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS OF INFORMATION AND ALL OTHER ACTIONS, INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS.

Miscellaneous

The Agreement comprises the entire agreement between you and MCR and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Agreement regarding representations and warranties, indemnification, disclaimers and limitation of liability shall survive any termination of this Agreement. MCR reserves the right to change this Agreement at any time by posting a new Agreement on the Site. Your continued use of the Site after such changes are posted will constitute your agreement with such changes.

Monitoring

You agree that MCR has the right, but not the obligation to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site including, but not limited to message boards, email and other forums. Notwithstanding this right, MCR does not and cannot review all materials posted to the Site by users and MCR is not responsible for any such materials posted by users.

LAST REVISED as of January 5, 2022

2243./848638.1