Terms of Use

Last Updated: February 21, 2025

 

Welcome to the Medical Device Innovation Consortium (“we, “our” or “us”) website (the “Site”).  By accessing our Site, including any content, toolkits, downloadable documents, or other resources (collectively, the “Materials”) you agree to comply with and be bound by these Terms and Conditions.  If you do not agree with these terms of use (“Terms of Use”), you are not authorized to access or use this Site.

References to “you” in these Terms of Use means both (a) you individually and (b) the entity or individual that employs you or for whom you act as an agent, to the extent you access or use this Site in your role as an employee or agent of a third party.

 

  1. Use of Materials

Our Materials are provided for informational purposes only and only intended to serve as reference and guidance materials. They do not constitute legal, financial, or professional advice.

You are permitted to use the Materials on this Site for your personal, non-commercial use only.  You agree not to reproduce, modify, distribute, transmit, republish or create any derivative works of any of the Materials provided on this Site, in whole or in part, by any means, unless we or the content owner has expressly provided prior written consent.

If you wish to make use of any Material on this Site, you may contact us at communications@mdic.org.

By accessing our Materials, you further agree not to: (i) use them for any unlawful purpose, (ii) infringe upon our intellectual property or those of third parties, and (iii) distribute misleading or false information based on our Materials.

 

  1. Intellectual Property

We own or license all Materials on this Site and such Materials are protected by copyright, trademark, trade secret and other applicable intellectual property or proprietary rights law.

The names, trademarks, service marks and logos of the MDIC appearing on this Site may not be used in any advertising or publicity without our prior written agreement.

 

  1. Disclaimer of Warranty

You agree that your use of this Site, including but not limited to accessing and/or downloading Material is completely voluntary and is entirely at your own risk.

THIS SITE AND ALL MATERIALS ARE PROVIDED “AS IS.”  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  WE DO NOT WARRANT THAT YOUR USE OF THE MATERIALS OR THIS SITE WILL (I) BE UNINTERRUPTED OR ERROR-FREE (II) MEET YOUR EXPECTATIONS OR ACHIEVE A PARTICULAR RESULT, OR (III) BE FREE FROM VIRUSES, WORMS, TROJAN HORSES, MALWARE, ADWARE OR OTHER HARMFUL OR DISRUPTIVE DEVICES OR COMPONENTS.  FURTHERMORE, WE MAKE NO GUARANTEE REGARDING THE ACCURACY, EFFECTIVENESS OR RELIABILITY OF THE MATERIALS.

 

  1. Limitation of Liability

The MDIC and its licensors and service providers shall not be liable for any direct, incidental, consequential, indirect or punitive damages, whether under any contract, negligence, tort, strict liability or other theory, arising out of or in connection with your access or use of the Materials or this Site.

Your sole and exclusive remedy is to discontinue your use of the Materials and/or Site.

IN THOSE JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF US OR OUR LICENSORS, INCLUDING OUR OR THEIR OWNERS, DIRECTORS, OFFICERS AND AGENTS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

 

  1. Indemnification

You agree to indemnify, hold harmless, and defend, the MDIC, its directors, officers, employees, agents, successors and assigns, from and against any and all claims, demands, losses, damages, rights and actions of any kind that either directly or indirectly arise out of or are related to your access or use of the Materials or this Site.  We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us.

 

  1. Security

While we take reasonable measures to protect the security of our Site and your information, we cannot guarantee the security of your information transmitted on the Site. You assume the sole and complete risk for using this Site.

You may be required to create an account with a username and password to access certain portions of your account. You are responsible for maintaining the confidentiality of your account credentials including your username and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account or any other security breach and you will use reasonable steps to mitigate such unauthorized use.  We will not be liable for any loss or damage arising from the unauthorized use of your username or password.

 

  1. Termination

We reserve the right to limit, suspend, terminate this Site (or any portion thereof) or any Materials without notice or liability.

If for any reason, we believe you have not complied with these Terms of Use, we may, at our sole discretion, limit your access to the Site without prior notice.  In the case you are a member, you will forfeit the remainder of your membership term, and we will not issue a refund.

 

  1. Privacy Policy

You agree that by using the Site you consent to our privacy policy and the collection and use set forth therein.  Our privacy policy is located at The MDIC Privacy Policy.

 

  1. Third-Party Content

We may provide third-party content and Materials on our Site.  Opinions in such content or Materials are the opinion of the third party providing the content.  We do not endorse the third party or make any guarantees regarding the accuracy or reliability of the information.

 

  1. Changes to Terms and Conditions

We reserve the right to revise, add, or remove terms in these Terms of Use at any time.  Any changes will be effective upon posting to the Site.  When changes are made, we will update the “Last Updated” date at the top of these Terms of Use. You are solely responsible for reviewing these Terms and Conditions prior to each access to the Site and the Materials.  Your continued use of the Site will be deemed your acceptance of the updated Terms and Conditions.

 

  1. Governing Law

These Terms of Use shall be governed by and interpreted in accordance with the laws of Minnesota.  Any disputes arising from these Terms of Use shall be resolved in the state court of Minnesota unless the Parties mutually agree to mediation or arbitration.

 

  1. Severability

If any portion of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law such provision shall be superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remaining provisions shall remain in full force and effect.

 

  1. Entire Agreement

The Terms of Use and Privacy Policy referenced herein constitute the entire agreement between you and the MDIC with respect to your access to and use of the Site and Materials provided on the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the MDIC.

 

  1. Reservation of Rights

Any rights not expressly granted herein are reserved.