PRIVACY POLICY

At 3D MSK, LLC (referred to as “Company”; “us” or “we”), we recognize that your privacy is important. This privacy policy (the “Privacy Policy” or the “Policy”) discloses the privacy practices for the Company’s website or websites (collectively, the “Site”), mobile application or mobile applications (collectively the “Application”), as well as related products and services we may offer to you (collectively referred to as the “Services”). This Policy also covers how personal and other information that we receive or collect about you is treated. Please read the information below to learn the following regarding your use of this Site.

You acknowledge that this Privacy Policy is designed to be read in connection with the Terms of Use, which is available on the Site and/or Application, and that by accessing or using our Site and/or Application, you agree to be bound by such terms and conditions, as well as this Policy.

We reserve the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our Site or Application, and by updating any privacy information on this page. Your continued use of the Site, Application and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by that Policy.

If you have any questions about this Policy, please feel free to contact us at: admin@mskrounds.com

IMPORTANT: BY USING THE SITE, APPLICATION AND/OR OFFERINGS, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR APPLICATION.

1. Types of Information We Collect

In order to better provide you with the Application and Offerings (as defined in our Terms of Use), we collect two types of information about our users: Personally Identifiable Information (“PII”) and Aggregate Information.

Personally Identifiable Information

This refers to information that lets us know the specifics of who you are. When you engage in certain activities on the Site or Application, such as registering for an account, downloading or purchasing a product or service, submitting content and/or posting content in the user forums, or sending us feedback, we may ask you to provide certain information about yourself.

Examples of PII may include your first and last name, email address, mailing address (including zip code), employer, job title and department, telephone and facsimile numbers, and other identifying information.

It is your responsibility to ensure that any images or content that are uploaded by you onto the Company site or Application does not include the PII of any individual, or the Protected Health Information (as defined in HIPAA), or personal information (as defined in PIPEDA). You will be responsible for any PII of any individual that is disclosed to the public as a result of the images that you upload and share on the Site or Application. The Company will take reasonable efforts to take down any images or content if we become aware that there is any PII, personal information or protected health information, that may be learned from any image or content, but the Company has no obligation to do so and if it does not it does not effect your liability for posting same.

Aggregate Information

This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Site or Application and what other sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the Uniform Resource Locator (“URL”) that points to the site you just came from, which URL you go to after visiting our Site, what browser you are using, and your Internet Protocol (“IP”) address.

2. How We Collect and Use Information

We do not collect any PII about you unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain products or services available on the Site or Application. These may include: (a) registering for an account on our Site or Application; ( (b) signing up for special offers from selected third parties; (c) sending us an email message; (d) submitting a form or transmitting other information by telephone or letter.

We will primarily use your PII to provide product or service offerings to you. We will also use certain forms of PII to enhance the operation of our Site and/or Application, improve our internal marketing and promotional efforts, statistically analyze Site use, improve our product and service offerings, and customize our Site’s or Application’s content, layout, and services. We may use PII to deliver information to you and to contact you regarding administrative notices. Additionally, we may share your PII and other information with our partners who may offer goods or services we believe you would find interesting (we do not share your payment information with any third party except for the processing service). Finally, we may use your PII to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Terms of Use, and this Privacy Policy.

We may also collect or our third party advertising partners may collect, certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers, software, to administer our Site and to gather demographic information.  Our third party advertising partners may also provide us with aggregate, but not individual, reports that will tell us how many ads were presented and clicked upon at out Site or Application.

3.Cookies

Depending on how you use our Site or Application, we may store cookies on your computer in order to collect certain aggregate data about our users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Site or Application. We may use cookies to perform tasks such as: monitoring aggregate site usage metrics, storing and remembering your passwords (if you allow us to do so), storing account and advertising preferences that you have set, and personalizing the Services we make available to you. 

We may also use an outside advertising partner to display banner advertisements on our Site or Application. As part of their service, they will place a separate cookie on your computer. We will not provide any third-party advertising partners with any of your PII or information about your purchases. We and our third party ad server will collect and use Aggregate Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our Site in the same manner as above, but we will not disclose any PII to them.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site or Application may not function properly if you elect to disable cookies.

4. Release of Information

We may provide some of your PII with some of our partners. We do provide some of our product and service offerings through contractual arrangements made with affiliates, service providers, partners and other third parties (“Service Partners”). We and our Service Partners may need to use some PII in order to perform tasks between our respective sites, or to deliver products or services to you.

We will encourage our Service Partners to adopt and promote strong privacy policies. However, the use of your PII by our Service Partners is governed the respective privacy policies of those providers, and is not subject to our control. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through the Site or Application including our Advertising and Service Partners, have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. We are not responsible for the policies or practices of third parties.

Occasionally we may be required by law enforcement or judicial authorities to provide PII to the appropriate governmental authorities. In such cases, we will disclose PII upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

We may also provide Aggregate Information about our customers’ sales, traffic patterns, and related Site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.

5. Updating and Correcting Information

We believe you should have the ability to access and edit the PII that you have provided to us. You may change any of your PII in your account online at any time by linking to your account in accordance with instructions posted elsewhere on the Site or Application. You may also access and correct your personal information and privacy preferences by emailing or writing us at:

By e-mail:  admin@mskrounds.com admin@mskrounds.com 

Please include your name, address, and/or email address when you contact us.

We encourage you to promptly update your PII if it changes. You may ask to have the information on your account deleted or removed; however, some information, such as past transactions, logs of technical support calls, or other information may not be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.

6. User Choices on Collection and Use of Information

We may, from time to time, send you email regarding new products and services that we feel may interest you. We may occasionally call or send you direct mail about products and services that may be of interest to you. If you do not want to receive solicitations from us, you can “opt-out” by contacting the company By e-mail: admin@mskrounds.com

You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of our Site may not work properly in your case.

 7. Security of Your PII

At our Site and on our Application you can be assured that your PII is secure, consistent with current industry standards. We strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your PII. For example:

We work hard to ensure that the data we collect is reliable, accurate, complete and current. We also only keep collected information only for as long as reasonably necessary and use it only for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.

We limit access to PII only to specific employees, contractors and agents who have a reasonable need to come into contact with your information. For example, we may provide members of our technical support team with limited access to your account in order to allow them to troubleshoot problems you may be having with the Site or Application. 

Additionally, we also employ a number of physical, electronic, and procedural safeguards to protect PII. Our secure servers and our data centers are protected, and our servers reside behind firewalls and employ high-level password protection.

Finally, access by you to your PII is available through a password and unique customer ID. We recommend that you do not divulge your password to anyone.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

8. Miscellaneous

You must be at least 18 years old and be a licensed medical professional, who is reviewed by us, to have our permission to use the Site or Application. Our policy is that we do not knowingly collect, use or disclose PII about minor visitors.

You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, etc.) in the discussion forums or other public areas on this Site or Application, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information. Please consult our Terms and Conditions. If you have any questions, concerns or inquiries about our Privacy Policy, or our use of your PII, or our privacy practices, please contact us at: 

By e-mail:  admin@mskrounds.com

TERMS OF USE AND SERVICE AGREEMENT

3D MSK, LLC (referred to as “Company,” “us” “we” or “our”), provides the mskrounds.com mobile application (“Application”) (the Application and our website [ www.mskrounds.com ], any other offerings, offered by us to you through the Application or in connection with the Application, collectively referred to as “Offerings”), subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you. 

As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Application and/or contents and Offerings available on this Application. If you have any question regarding the use of the Application or its contents, please email admin@mskrounds.com.

We reserve the right to change these Terms from time to time with or without notice to you. We will attempt to reasonably inform you of any updates or changes to these Terms. You acknowledge and agree that it is your responsibility to periodically review this Application and these Terms. Your continued use of this Application and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.

BY USING THIS APPLICATION AND OFFERINGS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE DO NOT DOWNLOAD AND DO NOT USE THE APPLICATION OR ANY OFFERINGS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS APPLICATION, PRODUCTS, OFFERINGS OR OFFERINGS AVAILABLE ON THIS APPLICATION, OR THESE TERMS IS TO CEASE USING THE APPLICATION AND/OR THOSE PARTICULAR PRODUCTS, OR OFFERINGS. THESE TERMS ARE EFFECTIVE ONCE YOU EITHER CLICK ‘I AGREE’ OR DOWNLOAD SAME YOU’RE YOUR DEVICE AND BEGIN TO USE SAME.

1. ACCESS TO THE APPLICATION

The Application is meant to provide a platform for medical professionals to store, organize, share and use uploaded pictures, videos, information, data, documents and other items. Before You start using the Application, You must complete the online registration process by providing accurate, current and complete information about You (the “Account Creation Data”), accept these Terms of Use and the Privacy Policy, and then click on the button as shown on the registration page. By completing the registration process, You represent that You are at least eighteen (18) years of age and are a qualified medical professional. Upon Our acceptance of Your registration form, in Our sole discretion, We will provide You with log-in identification and a unique password to enable You to access Your account. You will be solely responsible for the safe custody of Your log-in identification and password and to avoid its use or misuse by any third party. We do not guarantee the continued availability of the Application or Your account to You. We reserve the right to deny your registration request or to terminate or suspend Your account at any time, with or without any reason. In consideration of Your use of the Application, You agree to (a) maintain the security of your password and identification; (b) maintain and promptly update the Account Creation Data, and any other information You provide to Us, to keep it accurate, current and complete; and (c) accept all risks of unauthorized access to the Account Creation Data and any other information You provide to Us. 

Disclosure to Third Parties. You hereby grant us the right to disclose to third parties the Account Creation Data about you, and the other data you upload to the Application or send to us. The information we obtain through your use of the Application or the Site, including your Account Creation Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

Temporary Interruptions. You understand and agree that temporary interruptions of the Application or Offerings may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Application are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

2. THIRD PARTY APPLICATIONS AND CONTENT

Third-Party Applications and Information. This Application may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Application or party by us, or any warranty of any kind, either express or implied.

Promotions. From time to time, this Application may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

3. MESSAGING AND DATA STORED ON OUR SERVERS

Messaging or Email Service. We may make messaging or email services available to users of our Application, either directly or through a third-party provider. We will not inspect or disclose the contents of private messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et. seq. or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

Spam Prevention. We use automated tools or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to your Company supplied email account.

Storage Provided by Us. While If You opt to store personal data of any kind on our servers, You understand and agree to abide by our general practices and limits concerning use of the Offerings available on our Application, including without limitation the maximum number of days that uploaded content will be retained, the maximum disk space that will be allotted, and the maximum number of times you may access the services in a given period of time. You agree that We have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Application. You acknowledge that we reserve the right to remove or terminate accounts which have not paid their fees (if applicable), that remain inactive for longer than one hundred twenty (120) days, or in cases where you have violated one or more terms of this Agreement. We make no guarantee that any uploaded data will always be available or will be available to you at all, and you should always make backups of same. We will not be liable to you or any third parties for any loss of data.

4. COMPANY INTELLECTUAL PROPERTY

Content. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Application and is owned by Company or its Affiliates.

Ownership of Content. By accepting these Terms, you agree that all content presented to you on this Application, except for that which may be owned by any third parties, is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Company or its Affiliates.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Company Inc. or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Company Inc. or its Affiliates.

Certain of the ideas, software and processes incorporated into the Offerings available on this Application are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.

Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Application in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Application content violates our intellectual property interests and could result in criminal or civil penalties.

No warranty for Third-Party Infringement. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Application will not infringe the rights of third parties.

5. PRIVACY POLICY

Please refer to the Application’s Privacy Policy (“Privacy Policy”) a copy of which is available on our website www.mskrounds.com for information on how We collect, use and disclose personal information and your uploaded information, pictures and videos and other data from users of the Application and Offerings. Your use of the Application signifies Your acknowledgment of, and agreement to, the Privacy Policy. If You are a resident of any country outside the United States or Canada, including, but not limited to, any country within the European Union (or located in same at any time during your use of the Application), You understand and agree that We store and process Your personal information on computers located in the United States, and that by providing any information to Us, You consent to the transfer and storage of such information to the United States, and recognize that the United States is not an adequate jurisdiction as determined by the European Commission, signifying certain risks with respect to such data. 

6. USER CONTENT

Your Intellectual Property Rights. Subject to our Privacy Policy (located on the Application and our website), any communication or material that you transmit to this Application or to us, whether by upload, email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use User Content for any purpose whatsoever, regardless of the form or medium in which it is used. You acknowledge that we may, without restriction or any notice to you, use or share such User Content pursuant to the aforementioned license with third parties, and we may do so for consideration, either payment or in-kind services.

Notwithstanding any terms to the contrary in these Terms of Use, any suggestions, comments or other feedback provided by you to Us with respect to MSK Rounds or the Application or Offerings (collectively, “Feedback”) will constitute Our confidential information. Further, We will be free to use, disclose, reproduce, license and otherwise distribute the Feedback provided to Us as We see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. .By making such Feedback, You acknowledge and agree that: (a) Your Feedback does not contain confidential or proprietary information; (b) We are not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) We will be entitled to use or disclose (or choose not to use or disclose) any Feedback for any purpose, in any way, in any media worldwide; (d) We may have something similar to the Feedback already under consideration or in development; (e) Your Feedback automatically become Our property without Our obligation to You; and (f) We may, but are not obligated to, review or monitor areas on the Application where users may transmit or post communications.

We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company-or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.

If you believe that you or someone else’s copyright has been infringed by Company-or User Content provided on this Application, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Application is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

  1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;

  1. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);

  1. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);

  1. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;

  1. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and

  1. The Rights Holder’s electronic signature.

 

  Notice may be sent to:

By Mail: 

3D MSK LLC

201 E. Jefferson St., Suite 200

Syracuse, NY

13202

 

By Electronic Mail:

admin@mskrounds.com 

 Counter-Notification. If material that you have posted to our Application has been taken down, you may file a counter-notification that contains the following details:

  1. 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;

  1. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;

  1. Your name, address and telephone number;

  1. A statement that you consent to the jurisdiction of the state courts or federal district court in the State of New York, Onondaga County, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.

  1. Your physical or electronic signature.

  Notice may be sent to:

By Mail: 

3D MSK LLC

201 E. Jefferson St., Suite 200

Syracuse, NY

13202

 

By Electronic Mail:

admin@mskrounds.com 

You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.

Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.

7. OTHER INTELLECTUAL PROPERTY ISSUES 

In accordance with the United States Digital Millennium Copyright Act and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and at Our sole discretion, subscribers or account holders who are deemed to be infringers of our or any third party’s intellectual property rights. We may also at Our sole discretion limit access to the Application and/or terminate the accounts of any users who infringe any of Our intellectual property rights or those of others (including, but not limited to, Our Affiliates), whether or not there is any repeat infringement. 

MSK Rounds, the MSK Rounds logo, and all other of Our products and service names, logos and slogans contained in or displayed the Application are Our (or Our supplier’s and licensor’s) trademarks or service marks and may not be copied, imitated or otherwise used, in whole or in part, without Our prior written consent. You may not use any metatags or any other “hidden text” utilizing “MSK Rounds” or any other of Our names, trademarks, service marks or products or service names, without the prior written consent of Us or the applicable trademark holder. In addition, the look and feel of the Application, including, but not limited to, all page headers, custom graphics, button icons and scripts, is Our service mark, trademark and/or trade dress and may not be copied, imitated or otherwise used, in whole or in part, without Our prior written consent. All other trademarks, registered trademarks or service marks, product names and company names and logos mentioned in or displayed on the Application are the property of Us their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us. You understand that any consent required of Us under these Terms of Use may be withheld by Us in Our sole discretion, without or without any reason. 

8. DISCLAIMER OF WARRANTIES

ALL CONTENT ON THIS APPLICATION AND OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT, APPLICATION OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, OFFERINGS OR APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, APPLICATION OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT APPLICATION OR OFFERINGS PURCHASED OR OBTAINED BY YOU FROM THE APPLICATION FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS APPLICATION COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS APPLICATION, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS APPLICATION MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Application, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or Offerings provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the seller of such merchandise and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS APPLICATION, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR CONTENT AVAILABLE ON OR THROUGH THIS APPLICATION FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE APPLICATION, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS APPLICATION SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

9. LIMITATION OF LIABILITY & INDEMNIFICATION

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS APPLICATION OR OF ANY WEBAPPLICATION REFERENCED OR LINKED TO FROM THIS APPLICATION.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS APPLICATION, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

You agree to indemnify, defend and hold Us, Our Affiliates, and Our and their respective independent contractors, service providers, consultants, directors, officers, employees and agents, and applicable third parties (such as licensors, partners and advertisers) (collectively, the “Indemnified Parties”) harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses (including, but not limited to, damage awards, settlement amounts, and reasonable attorneys’ fees) brought against any Indemnified Parties, arising out of or relating to: (a) Your use of the Application, the Materials, the Videos or the Content (including, but not limited to, Your use, installation or service of the Materials, the Videos or the Content); (ii) Your conduct; (c) Your failure to perform Your obligations under these Terms of Use (including, but not limited to, Your violation of these Terms of Use); and/or (d) Your violation of the rights of any third party. 

10. TERMINATION

Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Application with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Application, and reporting you to the proper university representatives or authorities, if necessary.

No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Application will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. 

11. PROHIBITION ON “PROTECTED HEALTH INFORMATION” UNDER HIPAA 

The Application, Site and the Offerings are not intended to and shall not be used to store any Protected Health Information, or PHI.  The Application is not meant to be compliant with the Health Insurance Portability and Accountability Act of 1996, or the Health Information Technology for Economic and Clinical Health Act. Do not send Us any PHI, and do not upload any PHI onto the Application, Site or Offerings, and it is strictly prohibited to do so.  You agree to fully indemnify, defend and hold Us harmless from any and all losses, costs, damages, fines, penalties, interest and other amounts (including Our attorney fees) due to your improper use of the Application or your breach of HIPPAA or the HITECH Act as well as any other law applying to data used in the medical profession applicable in the United States or any other nation. While we may review uploaded content to ensure that no Protected Health Information has been uploaded, we are not required to and if we do not it shall not have any effect on the prohibition contained herein or your obligation to indemnify, defend and hold us harmless.

12. PROHIBITION ON “PERSONAL INFORMATION” UNDER PIPEDA

The Application, Site and the Offerings are not intended to and shall not be used to store any “personal information” as defined in the Personal Information Protection and Electronic Documents Act of Canada (“PIPEDA”).  The Application is not meant to be compliant with the PIPEDA. Do not send Us any personal information, and do not upload any personal information onto the Application, Site or Offerings, it is strictly prohibited to do so.  You agree to fully indemnify, defend and hold Us harmless from any and all losses, costs, damages, fines, penalties, interest and other amounts (including Our attorney fees) due to your improper use of the Application or your breach of PIPEDA as well as any other law applying to data used in the medical profession in Canada or any other nation. While we may review uploaded content to ensure that no personal information has been uploaded, we are not required to and if we do not it shall not have any effect on the prohibition contained herein or your obligation to indemnify, defend and hold us harmless.

13. MISCELLANEOUS

International Use. Although this Application may be accessible worldwide, we make no representation that materials on this Application are appropriate or available for use in locations outside the United States. Those who choose to access this Application from other locations do so on their own initiative and at their own risk. If you choose to access this Application from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Application is void where prohibited.

Governing Law. This Application (excluding any Third-Party websites) is controlled by us from our offices in the State of New York, and the statutes and laws of the State of New York shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the State or federal courts located in New York State.

Notices. All notices to a party shall be in writing and shall be made either via email. Notices to us must be sent to the attention of Customer Service at admin@mskrounds.com if by email, or to our address at [201 E. Jefferson St., Suite 200, Syracuse, NY, 13202], if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Application, or use of or access to this Application or Offerings provided through this Application, beyond the limited rights granted to you under Section 5 of these Terms.

Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products, services and Offerings available through our Application arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Application is in conflict or inconsistent with these Terms, these Terms shall take precedence.