7Dimaging

7D IMAGING, INC. Website Terms of Use

Last Updated 2/4/14

Introduction

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”). THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

1. This Website Does Not Provide Medical Advice

The contents of this Website, such as text, graphics, images, videos, and information obtained from our third party licensors, and other material contained on the Website ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website!

If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. You should not rely on any information provided by Us, Our employees, others appearing on the Website at Our invitation, or other visitors to the Website.

2. User Eligibility

The Website is provided by 7D Imaging, Inc. and/or its affiliates (collectively, the “Company”) and is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.

3. Scope of Terms of Use

These Terms of Use govern Your use of the Website and all products, applications, software and related services (collectively, “Software”) available via the Website, except to the extent such Software are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Software and other items provided to You via the Website.

4. Modifications

The Company may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of the Company.

5. No Warranties

ALL SOFTWARE AND CONTENT ON THIS WEBSITE OR PROVIDED TO YOU FROM THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY SOFTWARE OR CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND SOFTWARE OR CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, SOFTWARE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY SOFTWARE OR CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.

6. Limitation of Liability

COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, SOFTWARE OR CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY SOFTWARE OR CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.

7. Trademarks

7D IMAGING and MSK NAV are proprietary trademarks or service marks of Company. Unauthorized use of any Company trademark, service mark or logo may be a violation of federal and state trademark laws.

8. License and Ownership.

Any and all intellectual property rights (“Intellectual Property”) associated with the Website, the Software and any content (“Content”) are the sole property of the Company, its affiliates or third parties. The Website, Software and Content are protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of the Company, its affiliates or other entities that have granted the Company the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of the Company. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit or distribute the Intellectual Property in any way without the Company's or the appropriate third party's prior written permission. Except as expressly provided herein, the Company does not grant to You any express or implied rights to the Company's or any third party's Intellectual Property. The Company grants You a limited, personal, nontransferable, nonsublicensable, revocable license to access and use the Website, Content and Software only in the manner presented by the Company. Except for this limited license, the Company does not convey any interest in or to the Content, Software, Website or any other Company property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Software or Content may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of the Company. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Software or Content in any way, unless expressly permitted to do so by the Company.

9. Restrictions on Use of the Website.

In addition to other restrictions set forth in these Terms of Use, You agree that:
(a) You shall not disguise the origin of information transmitted through the Website.
(b) You will not place false or misleading information on the Website.
(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by the Company.
(d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Content, or that infringes the Intellectual Property rights of another.
(e) You may not use or access the Website or the Company's Software in any way that, in the Company's judgment, adversely affects the performance or function of the Software or the Website or interferes with the ability of authorized parties to access the Software or the Website.
(f) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Website without the express written consent of the Company.

10. Links.

Outbound Links. The Website may contain links to third-party websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by the Company of the content on such Linked Sites. The Company makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. The Company is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to the Linked Site's privacy policy.

11. Termination.

You agree that the Company, in its sole discretion, may terminate or suspend Your use of the Website, Software and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content. Your use of the Software and our termination rights may be governed by separate terms or agreement.

12. Compliance with Law Including Export Control.

You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company and shall take no actions which would cause the Company to be in violation of any laws, rulings or regulations application to the Company.

The Company and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Software or Content to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Software or Content, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Software or Content.

13. DMCA Policy Regarding Copyright Infringement Claims and Counter-Claims

We respect the intellectual property rights of others and require those that visit the Website to do the same. We may, in appropriate circumstances and at Our discretion, remove or disable access to material on the Website that infringes the copyright rights of others. We may also, at Our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.

In an effort to protect the rights of copyright owners, We maintain a policy for the termination, in appropriate circumstances, of users of the Website who are repeat infringers.

Procedures to File a DMCA Copyright Infringement Notice with Us
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting the Company's copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide the Company with its URL or any other pertinent information that will allow the Company to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
The Company's agent for copyright issues relating to the Website is as follows:
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Procedure to File a DMCA Counter-Claim
If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with the Company's designated agent.

To be effective, a Counter-Claim must be a written communication provided to the Company's designated agent and must include the following information: 1. A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
2. A physical or electronic signature of the user;
3. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
4. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
5. The user's name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a DMCA Counter-Claim, the Company will provide the complaining party with a copy of the DMCA Counter-Claim. When the Company receives a Counter-Claim that meets the requirements of the DMCA, the Company will process the Counter-Claim in accordance with the requirements of the DMCA.

14. Jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, THE SOFTWARE AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, SOFTWARE AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

15. Governing Law and Language.

To the fullest extent permitted by law, these Terms of Use are governed by the internal substantive laws of the State of Colorado, U.S.A. excluding (i) Colorado's conflicts of laws principles; or (ii) the United Nations Convention on Contracts for the International Sale of Goods.

16. General.

You may not assign these Terms of Use or any of Your interests, rights or obligations under 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.

17. Written Document.

You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.

18. Complete Agreement.

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO THE USE OF THE WEBSITE, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.

19. No Offer to Buy/Sell.

Nothing on this site shall be considered a solicitation to buy or an offer to sell any securities, futures, options or other financial instruments or provide any investment advice or service.

20. No Medical, Financial or Professional Advice.

The Content and Software are intended to be a general information resource in regard to the subject matter covered but is provided solely on an “AS IS” and “AS AVAILABLE” basis. In addition, you should bear in mind that not all products, services or strategies are suitable for all individuals, and that information in the Content may be affected by changes in, or different interpretations of, applicable laws and regulations. Company is not engaged in rendering medical, investment, legal, tax, accounting, real estate or similar professional services or advice. If you desire or need such services or advice, you should consult a competent professional. You should not construe Company publication of the Content and Software as an endorsement by Company of the views expressed herein, or any warranty or guarantee of any products, services or strategy or recommendation made by the author of the content.

21. Location.

The Website is operated by Company from its offices in the State of Colorado. Company makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

22. Violations and Additional Policies.

Company reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Website, including the right to block access from a particular Internet address to the Website. In the event that the Company brings legal action against you to enforce its rights under these Terms of Use, the Company shall be entitled to recover from you all of its costs and expenses, including reasonable attorneys' fees, in the event the Company prevails in such action.

23. E-mail/Privacy Policy.

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information. Publication of this content should not be construed as an endorsement by Company of the views expressed herein. Please see the Company's Privacy Policy at http://www.msknav.com/privacy-policy.

24. Forums and Chat Rooms.

Certain areas of this Website may enable you to access online forums or chat rooms. Company does not endorse, and specifically disclaims any responsibility or liability for any content in the forums or chat rooms. In addition, Company reserves the right to delete, move or edit content, in whole or in part, submitted to the chat rooms or forums, that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of intellectual property, privacy, or other proprietary rights, in violation of these Terms of Use, or for any other reason.

You agree that by submitting content to a forum or chat room, you: • will comply with these Terms of Use and only submit content related to the subject matter of the forum or chat room and that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another's computer;
• grant to Company the unrestricted and irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media, and waive any moral rights you may have in such content; and
• agree to indemnify and hold harmless the Company and its officers and employees from and against all claims, losses, liabilities and demands resulting from any content you upload or provide to the Website or from your breach of any provisions of these Terms of Use.