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MEDTRUM TERMS OF USE

These Terms of Use is between Medtrum (“Medtrum”,“we” or “us”) and you or any other person for whose use and on whose behalf you purchase a Medtrum Product or use a Medtrum service(“you”), concerning your use of (including any access to): the Medtrum website located at www.medtrum.com and other websites we operate (our “Websites”); the software applications we make available for download or access at our Websites, at the Apple® App Store or other mobile service provider locations or other locations we indicate (“Apps”); and any Medtrum products (“Medtrum Products”).

By using (including accessing) any Medtrum Product, Websites or Apps or by clicking “accept” to these Terms of Use, you are agreeing to these Terms of Use. These Terms of Use were last updated on July 1, 2017, replacing the prior ones. Medtrum may change these Terms of Use at any time. Please review the Terms of Use usually when you use our products or services.

ABOUT THE INFORMATION ON OUR WEBSITES OR APPS.

MEDTRUM DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR OTHER HEALTH CARE PROFESSIONAL IMMEDIATELY.

Certain information on the Websites and Apps relates to products and services offered by Medtrum, which is for your general education and information only. Information you read on the Websites and Apps cannot replace the relationship between a health care professional (e.g., a physician) and a patient.

Medtrum does not practice medicine or provide medical services or advice, and the information on the Websites and Apps should not be considered medical advice. Health care professionals are always expected to exercise their independent judgments and discretion for patient diagnosis and treatment.

OUR COPYRIGHTS AND TRADEMARK.

The materials on the Websites and Apps belong to or are licensed to Medtrum. The materials are protected by copyright laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on the Websites and Apps, but only for your noncommercial use. When you e-mail, download, or print a copy of the materials on our Websites and Apps, you must also include all copyright and other notices that are in the materials.

Medtrum also owns the names we use for our products and services on the Websites and Apps, and these names are protected by trademark laws. An® following a name on our Websites and Apps indicates that the trademark has been registered in the US, Europe or other country. A following a name indicates that it is an unregistered trademark. All trademarks are the property of their respective owners. There may be special rules for the use of materials provided on certain parts of the Websites and Apps. These special rules will be posted near the materials.

If you use the materials or trademarks on the Websites and Apps in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with Medtrum and may be violating copyright, trademark, and other laws. In that case, Medtrum automatically revokes your permission to use the Websites and Apps. Title to the materials remains with Medtrum or with the authors of the materials contained on the Websites and Apps. All rights not expressly granted are reserved.

LINKS TO THE WEBSITES AND APPS AND USE OF MEDTRUM MARKS.

You are hereby granted a non-exclusive, limited, and revocable license to use the Websites and Apps. Medtrum reserves the right to revoke this license generally, or your right to use specific links, at any time. If Medtrum revokes this license, you agree to remove and disable any and all of your links to the Websites and Apps immediately.

You agree not to present the link to the Websites and Apps in such a way that is associated with advertising or appears to be an endorsement of any organization, product, or service, or in any other manner prohibited by or inconsistent with applicable laws. You agree that the link to our products and services will not appear on a web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" the Websites and Apps or any of its content or copy portions of the Websites and Apps to a server. You agree not to display or use the Medtrum logo or trademark in any manner without our prior written permission.

NO WARRANTIES. ALL CONTENT ON THE WEBSITES AND APPS IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. MEDTRUM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEDTRUM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITES AND APPS.

MEDTRUM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITES AND APPS WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITES AND APPS IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE CODE.

LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER MEDTRUM NOR ANY PERSON OR COMPANY ASSOCIATED WITH MEDTRUM SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITES AND APPS OR THE MATERIALS ON THE WEBSITES AND APPS. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS MEDTRUM, ITS DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THE WEBSITES AND APPS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF MEDTRUM, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME JURISDICTIONS OR COUNTRIES. IN NO EVENT SHALL MEDTRUM, ITS DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF MEDTRUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OTHER RULES ABOUT THE WEBSITES AND APPS.

In addition to the rules in these Terms of Use and the Privacy Policy, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in using the Websites and Apps, or when you follow a link from the Websites or Apps. Please read our Privacy Policy to learn how we protect and use information that we gather through the Websites and Apps.

Your obligations under this section and the sections called "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to hold Medtrum harmless against any liability for that harm.

QUESTIONS, COMMENTS, AND NOTICES.

Medtrum may deliver notice to you by electronic mail by a general notice on our Websites and Apps. You may deliver notice to Medtrum at the below electronic mail address.

info@medtrum.com