Terms of service

Introduction

Last Updated: January 2025

Welcome! You have arrived at a site that is owned and/or operated by MDAiRE™ (“MDAiRE™”, “we,” “our” or “us”). These Terms and Conditions of Service (“Terms”) govern your use of https://MDAiRE.com/ (including, without limitation, both mobile and online versions of our site and our site store), and also apply to your use of all features, applications, content, downloads, and other services that we make available through the site and/or that post a link to these Terms (collectively, referred to herein as the “Site”). By using the Site, you consent to the Site’s Privacy Policy and consent to the collection and use of your data (including Personal Data as defined therein) in accordance with the Privacy Policy. By using the Site, you further agree that MDAiRE™ may change, alter, or modify the settings or configurations on your Device (defined below) in order to allow for or optimize your use of the Site.

If You Want to Use This Site, carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and affect your legal rights and obligations. Each time you access and/or use the Site (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Site if you do not agree.

The business realities associated with operating the Site are such that, without the conditions that are set forth in these Terms -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and arbitration of certain disputes -- MDAIRE™ would not make the Site available to you.

In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Site or to a service or product offered via the Site (in each such instance and collectively, “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

It is important that you read and understand these entire Terms before using the Site. This table of contents further highlights some key issues and points.

Site Content, Ownership, Limited License and Rights of Others
You are granted a limited, revocable license to use the Site for your personal, non-commercial use. This section covers the ownership of content and the rights of others.
Site and Content Use Restrictions
Details the rules and limitations on how you are allowed to use the Site, including prohibitions against unauthorized activities.
Opening and Terminating Accounts
Outlines your ability to create, modify, and close your account on the Site, along with the terms associated with account management.
Terms Applicable to Purchases
Covers the terms that apply when purchasing goods or services through the MDAiRE™ store, including payment, delivery, and returns.
Content You Submit and Community Usage Rules
Describes the content you may submit to the Site and grants MDAiRE™ a broad license to use it. It also addresses community rules and your responsibility for the content you post.
Procedure for Alleging Copyright Infringement
Provides a process for reporting copyright infringement, including how to file a notice if your work has been used without permission.
Procedure for Alleging Infringement of Other Intellectual Property
Similar to copyright claims, this section outlines how to report infringements of trademarks and other intellectual property rights.
Notices, Questions, and Customer Service
Details how notices will be communicated to you, including updates to the Terms. It also provides contact information for customer service.
Links by You to the Site
Specifies the rules for linking to the Site from your own website or content.
Linked-To Websites; Advertisements; Dealings with Third Parties
Disclaims liability for any third-party websites, advertisements, or other content linked to from the Site.
Wireless & Location-Based Features and Other Telephonic Communications
Covers wireless carrier charges and other telephonic communications when accessing the Site via wireless networks or devices.
Dispute Resolution
Explains the process for resolving disputes through arbitration, including waivers of jury trials and class action lawsuits.
Disclaimer of Representations and Warranties
Disclaims any warranties related to the Site and provides the Site "as is," without any promises regarding its performance or functionality.
Limitations of Our Liability
Specifies the limits of MDAiRE™'s liability for any damages resulting from your use of the Site.
Waiver of Injunctive or Other Equitable Relief
States that you waive your right to seek injunctive relief or other equitable remedies in certain situations.
Updates to Terms
Describes how these Terms may be updated and how such updates will be communicated to you, including posting new terms on the Site.
General Provisions
Covers various miscellaneous terms, such as governing law, severability, and other provisions that apply to the Terms of Service.

1. Site Content, Ownership, Limited License, and Rights of Others

Content: The Site contains a variety of materials and other items related to MDAiRE™'s products, mission statement, and similar items from our licensors and other third parties. These include:

All layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Site, and the compilation, assembly, and arrangement of the materials of the Site and any copyrightable material (including source and object code);
Trademarks, trade dress, logos, trade names, service marks, and/or trade identities of MDAiRE™ and other parties, including but not limited to MDAIRE™, AIREMD™, the MDAIRE Logo™, and the AIREMD Logo™ (collectively, “Trademarks”);
Other forms of intellectual property (all of the foregoing, collectively referred to as "Content").

Ownership: The Site (including all versions—past, present, and future) and its Content are owned or controlled by MDAiRE™ and our licensors or certain other third parties. All rights, title, and interest in and to the Content available via the Site are the property of MDAiRE™ or our licensors, and are protected by U.S. and international copyright, trademark, patent, or other intellectual property laws to the fullest extent possible. MDAiRE™ owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.

Limited License: Subject to your strict compliance with these Terms and all applicable Additional Terms, MDAiRE™ grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to:

Download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form) on a personal computer, mobile phone, or other Internet-enabled device (each, a "Device") for your personal, non-commercial use only.
The foregoing limited license does not give you any ownership of, or intellectual property interest in, any Content, and may be immediately suspended or terminated at MDAiRE™'s sole discretion, without advance notice or liability.
In some cases, we may allow you greater access to and use of Content, subject to certain Additional Terms.

Rights of Others: When using the Site, you must respect the intellectual property and other rights of MDAiRE™ and others. Unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and may result in personal liability, including potential criminal liability.

2. Site and Content Use Restrictions

Site Use Restrictions: You agree not to:

Use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products)
Use any meta tags or hidden text utilizing any Trademarks
Engage in activities that seek to harm or do harm to individuals or entities, or engage in unlawful, offensive, obscene, lewd, violent, threatening, harassing, or abusive conduct, or that violate the rights of any third party
Reverse engineer, decompile, disassemble, or modify any Site source or object code, software, products, services, or processes accessible through the Site;
Interfere with a user’s access to the Site or its proper operation
Circumvent any security feature of the Site, or features that restrict access to Content or User-Generated Content
Harvest or store any personal data of other users without their express consent;
Attempt to gain unauthorized access to the Site, or systems connected to the Site, through password mining or any other means
Otherwise violate these Terms or any Additional Terms.

Content Use Restrictions: You also agree that, in using the Site, you will not:

Monitor, gather, copy, or distribute the Content using any robot, "bot," spider, scraper, crawler, spyware, or other automatic or manual process
Frame or use framing techniques to enclose any Content
Keep intact all copyright, trademark, and intellectual property notices in such Content
Use Content in a manner that suggests an unauthorized association with MDAiRE™ or our licensors
Modify or alter Content
Copy, modify, reproduce, sell, rent, lease, exchange, create derivative works from, or otherwise exploit Content for any purpose other than as permitted by these Terms or Additional Terms
Insert any code or product to manipulate Content in a way that affects user experience.

Availability of Site and Content: MDAiRE™ may suspend or terminate the availability of the Site and Content (or any part thereof) at any time, in its sole discretion, and without advance notice or liability.

Reservation of All Rights Not Granted as to Content and Site: These Terms and any Additional Terms provide only narrow, limited rights to use the Site and Content. No right or license is granted by implication, estoppel, or otherwise. All rights not expressly granted to you are reserved by MDAiRE™ and its licensors or other third parties. Any unauthorized use of the Content or Site is prohibited.

3. Opening and Terminating Accounts

Personal Data Collection: MDAiRE™ collects and uses personal data in accordance with its Privacy Policy for account registration and further site use.

Eligibility: Users under the age of thirteen (13) cannot register or submit personal information to the site.

Account Registration:

You must select your own username, password, and email during registration.
You agree to provide accurate and complete registration information.
You are responsible for all activities under your account, password, and username.
You must maintain password confidentiality and report any unauthorized use of your account.
You cannot sell, transfer, or assign your account.

Account Termination: MDAiRE™ can suspend or terminate your account if information is found to be false, inaccurate, or violates terms. Users can request account closure by contacting hello@mdaire.com.

4. Terms Applicable for Purchases

Eligibility: Purchasers must be at least 18 years old or the applicable age of majority in their jurisdiction.

Payment Information: Prior to the purchase of any products or services, you must provide us with a valid credit card number and associated payment information, including: including your name, credit card number, expiration date, and any necessary activation codes.

Payment Authorization: By submitting payment details, you authorize MDAiRE™ to charge your card within 30 days of authorization. MDAiRE™ will automatically bill your credit card or other forms of payment submitted as part of the subscription process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

Methods of Payment: Visa, MasterCard, Discover, and American Express are currently accepted for payments.

We currently do not accept cash, personal or business checks, or any other payment form, although in the future we may change this policy.
Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder.
You hereby represent and warrant that you will not use any credit card or other forms of payment unless you have all necessary legal authorization to do so.

Payment Responsibility: You are responsible for paying unauthorized charges made by third parties using your card.

You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred.
Unless you notify MDAiRE™ of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes.
If MDAiRE™ does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MDAiRE™ or its agents.

Taxes: You are responsible for any applicable taxes or charges, which may be automatically applied by MDAiRE™ based on the delivery address.

Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products.
You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use, or value-added taxes.
MDAiRE™ shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.

Return Policy:

Return Eligibility: Products in unopened, unused retail sizes can be returned within 30 days of the order date for a refund.

Refund Process: Returns will be inspected, and a refund will be processed to the original payment method if approved.
Non-refundable Items: Gift cards and shipping and handling costs are non-refundable.
Defective Items: If a product arrives defective, contact MDAiRE™ at hello@mdaire.com within 15 days for a resolution.

Order Acceptance Policy:

Order Confirmation: Receiving an order confirmation does not guarantee acceptance of your order. MDAiRE™ reserves the right to cancel or decline orders. We may require additional verifications or information before accepting any order.
Partial Order Fulfillment: If the full order cannot be fulfilled, you will only be charged for the shipped portion, and the rest will be canceled and refunded back to your account.

No Responsibility for Mislabeled Products:

Product Descriptions: MDAiRE™ strives for accuracy but does not guarantee that all product specifications are accurate, reliable, current, or error-free.
Error Correction: MDAiRE™ reserves the right to cancel or refuse orders due to pricing or specification errors. If a product you purchased from MDAiRE™ is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

Modification of Prices and Billing Terms: Prices and billing methods may be changed at any time, and these changes will be effective immediately upon posting or notification.

Membership Subscriptions:

Subscription Plans: You may subscribe to a plan, which will auto-renew unless terminated.
Payments and Refunds: Subscription payments are non-refundable, and MDAiRE™ may modify prices or services at any time.

Promotional Codes: The use of promotional codes are subject to specific rules, and cannot be used in conjunction with other promotional codes or on discounted products like gift sets.

5. Content You Submit and Community Usage Rules

User-Generated Content: MDAiRE™ may allow users to post content such as messages, images, and reviews. You retain rights to your content but grant MDAiRE™ an irrevocable, worldwide, royalty-free license to use it.

Non-Confidentiality: Except as outlined in our Privacy Policy or any Additional Terms, you agree that your User-Generated Content will be considered non-confidential, regardless of any labels you may place on it (e.g., "confidential" or "proprietary"). MDAiRE™ does not assume any obligation to you regarding your User-Generated Content. You submit it at your own risk, acknowledging that the Internet may not be secure, and any content may be exposed to security breaches.

License to MDAiRE™: By submitting User-Generated Content, you grant MDAiRE™ a non-exclusive, unrestricted, irrevocable, perpetual, worldwide license to use, distribute, modify, publish, broadcast, and exploit your content in any form, for any purpose, on any platform. This includes the right to alter and combine your content with other materials, and to use your name, likeness, and persona in connection with your submission without compensation to you.

Content Monitoring: MDAiRE™ reserves the right, but is not obligated, to review, post, or remove any User-Generated Content submitted to the Site. MDAiRE™ may remove or reject any content at its discretion, particularly if it is deemed offensive, harmful, illegal, or violates these Terms. MDAiRE™ is not obligated to store or maintain any submitted content, and you do not have the right to access or use your content after submission.

Representations and Warranties: By submitting User-Generated Content, you represent and warrant that:

You are the sole author or have obtained all necessary rights to submit the content, and you have the legal right to grant MDAiRE™ the rights described in these Terms;
Your content is accurate and does not infringe on any third-party intellectual property or other rights;
The content does not violate any laws, Terms, or cause harm to any person;
If your content involves a minor, you have the necessary consents from the minor's legal guardian.

Enforcement of Intellectual Property Rights:

MDAiRE™ is not obligated to monitor or enforce user intellectual property rights but reserves the right to take action to protect its own rights.
Users grant MDAiRE™ the ability to act on their behalf to enforce these rights, including taking legal action at MDAiRE™'s expense.

Community Usage Rules: By participating in MDAiRE™'s online communities ("Communities"), you agree to abide by the following rules

User-Generated Content: Your User-Generated Content must be original or you must have the necessary rights to it from third parties. Do not submit content that includes third-party logos, trademarks, or other protected material unless you have explicit permission. If other people or parties are depicted in your content, you must have their permission to submit it to MDAiRE™.
Photo and Video Guidelines: Photos or videos submitted must feature only the user and their friends/family, and permission must be obtained for their submission.
Behavior: Be respectful and considerate in all interactions. Avoid offensive content such as threats, personal attacks, hate speech, and other harmful behaviors. Your User-Generated Content must not contain defamatory, obscene, or sexually explicit material. Offensive language or discriminatory remarks will not be tolerated.
Commercial and Political Content: User content should not be used to advertise or promote commercial or political activities.
Inappropriate Content: Users should avoid submitting illegal, infringing, or otherwise inappropriate content.
Honesty and Integrity: Ensure that your submissions are truthful and accurate. Do not impersonate others or provide misleading content. Misrepresentation of your identity, or affiliation with any person or organization, is prohibited.
Privacy Considerations: Be mindful that the Communities are public or semi-public. Avoid posting personal data (such as addresses, phone numbers, and other sensitive information) of yourself or others in these spaces. Do not share another individual’s personal data without their explicit consent.
Security: Our User-Generated Content must not contain malicious code, such as viruses or spyware, that could harm the operation of the Site or affect users’ devices.

Enforcement of Rules: If MDAiRE™ determines that your User-Generated Content violates these Rules, we may take action, including removal of the content. We are not required to take any action unless legally obligated. Failure to provide proof of permission for third-party content may result in removal of the content from the Site.

Disputes with Other Users: You are solely responsible for your interactions with other users of the Site, both online and offline. MDAiRE™ is not liable for the conduct or content of any users. While we may monitor content, we are not obligated to mediate disputes between users. Use good judgment and exercise caution when sharing personal information with others.

6. Procedure for Copyright Infringement (DMCA)

DMCA Notice: MDAiRE™ will respond to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”). If you are the copyright owner (or represent the copyright owner) and believe that your copyrighted work has been infringed on the Site, you may submit a DMCA Notice. Your notice must include the following information:

A subject line that reads: “DMCA Copyright Infringement Notice.”
A description of the copyrighted work you claim has been infringed, or if multiple works are involved, a list of such works.
A description of the location of the material you believe is infringing (including the URL where it appears).
Your full name, address, phone number, and email address.
A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law.
A statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner (or authorized to act on behalf of the owner).
Your electronic or physical signature.
You must send your DMCA Notice to one of the following addresses:

By Mail:
MDAiRE™,
2121 East Coast Hwy Suite 280
Corona Del Mar, CA 92625
(Attn: Legal Dept.)

By Email:
hello@mdaire.com

If a DMCA Notice does not substantially comply with the above requirements, MDAiRE™ may choose not to respond or may remove the infringing material. It’s important to note that submitting a DMCA Notice containing false claims may expose you to legal liability.

Additionally, MDAiRE™ may forward the information in your DMCA Notice to the person who provided the allegedly infringing work. That person may then send a DMCA Counter-Notification.

In appropriate cases, MDAiRE™ may terminate the access of repeat infringers to the Site.

Counter-Notification: If your work is removed or disabled due to a DMCA Notice and you believe this was done mistakenly or due to misidentification, you may submit a DMCA Counter-Notification. Your Counter-Notification must include the following:

A subject line that reads: “DMCA Counter-Notification.”
A description of the material that was removed or had access disabled, along with the URL where the material appeared before it was removed or disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled by mistake or misidentification.
Your full name, address, phone number, email address, and account username.
A statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located (or the United States District Court for the Central District of California if located outside the U.S.), and that you will accept service of process from the person who sent the DMCA Notice or their agent.
Your electronic or physical signature.

Please note that filing a false Counter-Notification under penalty of perjury may expose you to legal liability.

If MDAiRE™ receives a valid DMCA Counter-Notification, it may restore the material or cease disabling access within 10 to 14 business days. However, MDAiRE™ will not restore the material if it receives notice that the original complainant has filed a lawsuit seeking a court order to prevent the infringing activity.

MDAiRE™ may forward the Counter-Notification to the party who initially submitted the DMCA Copyright Infringement Notice.

7. Procedure for Alleging Infringement of Other Intellectual Property

Intellectual Property Infringement Notice: If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice to the addresses set forth above that includes all of the following:

A legend or subject line that says: “Intellectual Property Infringement Notice”
A description of the intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Site on which the material appears);
Your full name, address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed);
Your electronic or physical signature.

We will act on such notices in our sole discretion. Any user of the Site that fails to respond satisfactorily to MDAiRE™ with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.

8. Notices, Questions, and Customer Service

Notices: MDAiRE™ may communicate notices of new, revised, or changed terms and other important matters by prominently posting notice on the home page of the Site, or in another reasonable manner; and we may contact you by mail or email sent to the address provided by you.

Customer Service: If you have a question regarding using the Site, you may contact us here. You acknowledge that the provision of customer support is at MDAiRE™’s sole discretion and that we have no obligation to provide you with customer support of any kind.

9. Links to the Site

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as:

The links do not use any Trademarks;
The links and the content on your website do not suggest any affiliation with MDAiRE™ or cause any other confusion; and
The links and the content on your website do not portray MDAiRE™ or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to MDAiRE™.

MDAiRE™ reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

10. Linked Sites and Third-Party Dealings

Linked Sites: The Site may contain links, as part of third-party ads on the Site or otherwise, to or from third-party websites (“Linked Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with MDAiRE™.

MDAiRE™ may have no control over the content, operations, policies, terms, or other elements of Linked Sites, and MDAiRE™ does not assume any obligation to review any Linked Sites.
MDAiRE™ does not endorse, approve, or sponsor any Linked Sites, or any third-party content, advertising, information, materials, products, services, or other items.
MDAiRE™ is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites.
MDAiRE™ will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third-party Linked Sites.
Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Sites.
MDAiRE™ disclaims all liability in connection therewith.

Third-Party Dealings: Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Site (including on or via Linked Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like).

MDAiRE™ disclaims all liability in connection therewith.

11. Wireless & Location-Based Features

Wireless Features:

The Site may offer certain features and services available via your wireless device, including the ability to access Site features, upload content, receive messages, and download applications (“Wireless Features”).
Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features, which may appear on your wireless bill or be deducted from your pre-paid balance.
Your carrier may restrict or prohibit certain Wireless Features, and some features may be incompatible with your carrier or device. You should check with your carrier for available plans and costs.

Terms of Wireless Features:

By using Wireless Features, you agree that MDAiRE™ may send communications to your wireless device about MDAiRE™ or other parties.
You agree to notify MDAiRE™ of any changes to your wireless contact information (including phone number) and update your account information accordingly.

Location-Based Features:

If you enable GPS, geo-location, or other location-based features, your device location will be tracked and may be shared with others in accordance with the Privacy Policy.
Some mobile apps or features allow you to disable or manage location-based preferences, but you can stop location tracking by uninstalling the app or feature.
Location-based services are intended for individual use only and should not be used as emergency locators or in hazardous environments, such as while driving.
These services are not intended for business or enterprise use, like family tracking or fleet management.

Call Recording and Monitoring:

Telephone calls to or from MDAiRE™ may be monitored and recorded, and you agree to this monitoring and recording.

Providing Telephone Numbers and Other Contact Information:

You verify that the contact information you provide, including phone numbers, is accurate, and that you are the current subscriber or owner of any provided telephone numbers.
If you change your contact information, including phone numbers, you agree to notify MDAiRE™ at hello@mdaire.com before the change takes effect.

Your Consent to Receive Automated Calls/Texts:

By providing your phone number, you agree to receive prerecorded voice messages and/or autodialed calls and texts from MDAiRE™ related to promotions, transactions, and your relationship with MDAiRE™.
You may receive calls and texts even if you cancel your account or relationship with MDAiRE™, unless you opt-out.
Consent to receive promotional automated calls/texts is not a condition of purchasing goods or services, and MDAiRE™ is not responsible for charges from your carrier for these communications.

Opt-Out Instructions:

You can opt-out of automated calls or texts at any time. To opt-out of text messages, text "STOP" to any received message. For help, text "HELP".
If you wish to stop messages from multiple shortcodes, text "STOP" to each shortcode.
To opt-out of automated calls (but not texts), you must send written notice to MDAiRE™ with your full name, address, and the specific phone numbers to stop receiving calls.
Opt-out requests may take up to 30 days to process, and non-automated calls may still be made related to your account or transactions.

Indemnification:

You agree to indemnify MDAiRE™ for any claims related to your provision of an inaccurate phone number, or failure to notify us of changes to your contact information, including under the Federal Telephone Consumer Protection Act or its state equivalents.
You will hold MDAiRE™ harmless from any resulting claims, losses, or costs (including attorney fees), and MDAiRE™ has the right to choose counsel at your expense.

12. Dispute Resolution

Certain portions of this Section 12 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and MDAiRE™ agree that we intend that this Section 12 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 12 can only be amended by mutual agreement.

First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Site, the Content, your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of MDAiRE™' actual or alleged intellectual property rights (an “Excluded Dispute”, which includes those actions set forth in Section 12(d)), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such contact information exists or if such information is not current, then we have no obligation under this Section 12(a). Your notice to us must be sent to: MDAiRE™ 2121 East Coast Hwy Suite 280 Corona Del Mar 92625 (Attn: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, MDAiRE™ and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or MDAiRE™ to resolve the Dispute or Excluded Dispute on terms with respect to which you and MDAiRE™, in each of our sole discretion, are not comfortable.

Binding Arbitration: If we cannot resolve a Dispute as set forth in Section 12(a) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then any and all disputes arising between you and MDAiRE™ must be resolved by final and binding arbitration. This includes any and all disputes based on any product, service or advertising connected to the provision or use of the Site (whether based in contract, statute, regulation, ordinance, tort — including, but not limited to, negligence, fraud, any other intentional tort or common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory — and whether arising before or after the effective date of these Terms). The Federal Arbitration Act (“FAA”) shall govern the arbitrability of all disputes between MDAiRE™ and you regarding these Terms (and any Additional Terms) and the Site, including the No Class Action Matters section below. By agreeing to arbitrate, each party is giving up its right to go to court and have any dispute heard by a judge or jury. MDAiRE™ and you agree, however, that the state of California or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and MDAiRE™ regarding these Terms and the Site, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to the state of California’s choice of law principles.

A dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, and in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration will be administered by the AAA. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require MDAiRE™ to pay a greater portion or all of such fees and costs in order for this Section 12 to be enforceable, then MDAiRE™ will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. Issues relating to the enforceability of the arbitration and class action waiver provisions contained herein are for the court to decide. This arbitration provision shall survive termination of these Terms or the Site. You can obtain AAA procedures, rules, and fee information as follows: 800.778.7879 and http://www.adr.org.

Limited Time to File Claims: To the fullest extent permitted by applicable law, if you or we want to assert a dispute (but not an excluded dispute) against the other, then you or we must commence it (by delivery of written notice as set forth in Section 12(a)) within one (1) year after the dispute arises — or it will be forever barred. Commencing means, as applicable (a) by delivery of written notice as set forth above in Section 12(a); (b) filing for arbitration with the AAA as set forth in Section 12(b); or (c) filing an action in state or federal court. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the disputes.

Injunctive Relief: The foregoing provisions of this Section 12 will not apply to any legal action taken by MDAiRE™ to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your User-Generated Content and/or MDAiRE™’ intellectual property rights (including such MDAiRE™ may claim that may be in dispute), MDAiRE™’ operations, and/or MDAiRE™’ products or services.

No Class Action: You and MDAiRE™ agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding or as an association. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any dispute to be arbitrated on a class action basis or on any basis involving disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 12(b) to arbitrate will not apply and the dispute must be brought exclusively in court pursuant to Section 12(f). Notwithstanding any other provision of this Section 12, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

Federal and State Courts in Orange County: Except where arbitration is required above, small claims actions, or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any dispute or excluded dispute arising hereunder may only be instituted in state or federal court in Orange County, California. Accordingly, you and MDAiRE™ consent to the exclusive personal jurisdiction and venue of such courts for such matters.

Small Claims Matters Are Excluded from Arbitration Requirement: Notwithstanding the foregoing, either of us may bring qualifying claims of disputes (but not excluded disputes) in small claims court of competent jurisdiction.

13. Disclaimer of Representations and Warranties:

Your access to and use of the site is at your sole risk. the site is provided on an “as is”, “as available”, and “with all faults” basis. Therefore, to the fullest extent permissible by law, MDAiRE™ and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “MDAiRE™ parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

the site (including the content and the user-generated content);
the functions, features, or any other elements on, or made accessible through, the site;
any products, services, or instructions offered or referenced at or linked through the site;
security associated with the transmission of your user-generated content transmitted to MDAiRE™ via the site;
whether the site or the servers that make the site available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);
whether the information (including any instructions) on the site is accurate, complete, correct, adequate, useful, timely, or reliable;
whether any defects to or errors on the site will be repaired or corrected;
whether your access to the site will be uninterrupted;
whether the site will be available at any particular time or location; and
whether your use of the site is lawful in any particular jurisdiction.

Except for any specific warranties provided herein or in additional terms provided by a MDAiRE™ party, MDAiRE™ parties hereby further disclaim all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

14. Limitations of Liability:

Under no circumstances will any MDAiRE™ parties be responsible or liable for any loss or damages of any kind, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

the site (including the content and the user-generated content);
your use of or inability to use the site, or the performance of the site;
any action taken in connection with an investigation by MDAiRE™ parties or law enforcement authorities regarding your access to or use of the site;
any action taken in connection with copyright or other intellectual property owners or other rights owners;
any errors or omissions in the site’s technical operation; or
any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if MDAiRE™ parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the site).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you.

Except as may be provided in any additional terms, to the fullest extent permitted by applicable law, in no event will MDAiRE™ parties’ total liability to you, for all possible damages, losses, and causes of action in connection with your access to and use of the site and your rights under these terms, exceed an amount equal to the amount you have paid MDAiRE™ in connection with the transaction(s) that underlie the claim(s); provided, however, this provision will not apply if a tribunal with applicable jurisdiction finds such to be unconscionable.

15. Waiver of Injunctive Relief:

No injunctions or equitable relief: If you incur any damages or losses from using the site, you agree that these losses are not significant enough to entitle you to an injunction (a court order stopping MDAiRE™ from doing something). In other words, you cannot take legal action to block MDAiRE™'s business operations (e.g., prevent them from developing or using their intellectual property) due to the losses you may have experienced.

Focus on financial remedies: This provision suggests that financial compensation is the appropriate remedy, not actions that would halt the site’s development or operations.

16. Updates to Terms:

These terms (or if applicable, additional terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). As our site evolves, the terms and conditions under which we offer the site may prospectively be modified, and we may cease offering the site under the terms or additional terms for which they were previously offered.

Accordingly, each time you sign in to or otherwise use the site, you are entering into a new agreement with us on the then applicable terms and conditions. You agree that we may notify you of other terms by posting them on the site (or in any other reasonable manner of notice which we elect), and that your use of the site after such notice constitutes your going forward agreement to the other terms for your new use and transactions.

Therefore, you should review the posted terms of service and any applicable additional terms each time you use the site (at least prior to each transaction or submission). The new terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the terms of service (and any applicable additional terms) that applied when you previously used the site will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed.

In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page, your account, and the email you associated with your account for notices, all of which you agree are reasonable manners of providing you notice.

You can reject any new, revised or additional terms by discontinuing use of the site and related services.

17. General Provisions:

MDAiRE™’s discretion: As to any provision in these Terms or any Additional Terms that grants MDAiRE™ a right of consent or approval, or permits MDAiRE™ to exercise a right in its "sole discretion," MDAiRE™ may exercise that right in its sole and absolute discretion. No MDAiRE™ consent or approval may be deemed to have been granted by MDAiRE™ without being in writing and signed by an officer of MDAiRE™.

Governing Law and Jurisdiction: These terms are governed by California law, which means that any legal disputes will be resolved in California courts, regardless of where you are located. This is important because laws vary by jurisdiction, and MDAiRE™ is choosing California law to govern the agreement.

Indemnity: You agree to defend, indemnify, and hold MDAiRE™ Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to:

Your User-Generated Content;
Your use of the Site and your activities in connection with the Site;
Your breach or alleged breach of these Terms or any Additional Terms;
Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site;
Information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity;
Any misrepresentation made by you;
MDAiRE™ Parties' use of the information that you submit to us (including your User-Generated Content).

All of the above are referred to as “Claims and Losses.”

You will cooperate fully as required by MDAiRE™ Parties in the defense of any Claims and Losses.

Notwithstanding the above, MDAiRE™ Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses.

MDAiRE™ Parties reserve the right to assume the exclusive defense and control of any Claims and Losses.

You will not settle any Claims and Losses without the prior written consent of an officer of a MDAiRE™ Party in each instance.

Operation of Site; Availability of Products and Services; International Issues: MDAiRE™ controls and operates the Site from its U.S.-based offices in the U.S.A., and MDAiRE™ makes no representation that the Site is appropriate or available for use beyond the U.S.A. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in the U.S.A. (or only parts of it) and are not available worldwide. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods.

Export Controls: Software related to or made available by the Site may be subject to export controls of the U.S.A.

No software from the Site may be downloaded, exported, or re-exported:

into (or to a national or resident of) any country or jurisdiction to which the U.S.A. has embargoed goods, software, technology, or services (which, as of the effective date of these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or
to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or
to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses).

You are responsible for complying with all trade regulations and laws both foreign and domestic.

Except as authorized by law, you agree and warrant not to export or re-export the software to any country, or to any person, entity, or end-user subject to U.S. export controls, including as set forth above.

Severability: If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word "including" is used in these Terms or any Additional Terms, the word will be deemed to mean "including, without limitation."

Communications: When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Investigations and Termination: MDAiRE™ reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) investigate any information obtained by MDAiRE™ in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any Additional Terms, and (vi) discontinue the Site, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to MDAiRE™ under these Terms or any Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from MDAiRE™, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to MDAiRE™ in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

Assignment: MDAiRE™ may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of MDAiRE™.

No Waiver: Except as expressly set forth in these Terms or any Additional Terms, (i) no failure or delay by you or MDAiRE™ in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

U.S. Government Rights: If you are a government end user, then this provision applies to you. The Service provided in connection with these Terms has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as "commercial items," "commercial computer site" and/or "commercial computer site documentation." Consistent with DFARS section 227.7202 and FAR section 12.212 and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.

California Consumer Rights: Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 958

Connectivity: You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the service, and you will be responsible for all charges related to them.