I. Proprietary Rights
All of the content on our Platform – including materials, text, images, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content (“Platform Content“) – is owned by MP HEALTHCARE VENTURE MANAGEMENT or others we license Platform Content from, and is protected under the United States’ and other countries’ copyright laws. All trademarks, logos, service marks and trade names are owned, registered and/or licensed by MP HEALTHCARE VENTURE MANAGEMENT or its parent or affiliate companies, or our partner companies.
You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
You agree not to copy, edit, translate, display, distribute, download, transmit, sell, redistribute, publish, or create derivate works from any content appearing on the Platform, including Platform and User Content, without MP HEALTHCARE VENTURE MANAGEMENT’s prior written consent.
II. Important Disclaimers
The Platforms and any product information provided are intended for informational purposes only.
III. Warranty Disclaimer
All reasonable efforts have been made to include accurate and up-to-date information on the Platform. However, MP HEALTHCARE VENTURE MANAGEMENT, MTPA, and affiliated companies make no representations or warranties, express or implied, as to the completeness or accuracy of any content included on the Platforms. All such documents, information and content on the Platform are provided “as is” without warranty of any kind.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE PLATFORMS. YOUR USE OF THE PLATFORMS IS AT YOUR OWN RISK. THIS PLATFORM AND ANY FEATURE ON THE PLATFORM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. MTPA, MP HEALTHCARE VENTURE MANAGEMENT, AND THEIR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSEES (the “MP PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY INFORMATION INCLUDED ON THIS PLATFORM, THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT, FEATURES, MATERIALS, OR PRODUCTS INCLUDED HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MP PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
IV. Limitation of Liability
THE MP PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORMS OR THE ACCURACY OF ANY INFORMATION INCLUDED HEREIN, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORMS, ANY DELAYS ON THE PLATFORMS, OR THE INABILITY TO USE THE PLATFORMS, ANY PORTION THEREOF, OR ANY HYPERLINKED PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE MP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE MP PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
V. Links to Other Websites
The Platforms may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. MP HEALTHCARE VENTURE MANAGEMENT, MTPA, and their affiliated companies have no control over, and are not responsible for any content, products or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement or approval of these sites or the content contained in these sites. Any third party hyperlinks made to the Platforms must include a clear explanation that the Platform is the property of MP HEALTHCARE VENTURE MANAGEMENT and that no relationship to MP HEALTHCARE VENTURE MANAGEMENT or MTPA, or their affiliates shall be suggested or created by the link.
You agree to indemnify, defend and hold harmless MP HEALTHCARE VENTURE MANAGEMENT, MTPA, their affiliates and each of our and their respective officers, employees, contractors, directors, suppliers and representatives (“MP HEALTHCARE VENTURE MANAGEMENT Parties”) from and against any losses, expenses, damages, claims, actions, demands or expenses (including reasonable attorney’s fees) including personal injury and death, regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise, of the MP HEALTHCARE VENTURE MANAGEMENT Parties or any third party vendor, arising out of or in connection with: (a) your use of the Platforms, (b) your breach of these Terms, including any abusive or unlawful behavior, or (c) your infringement of any intellectual property or privacy right of any third party. This indemnification provision shall apply to third party claims as well as claims between you and the MP HEALTHCARE VENTURE MANAGEMENT Parties under these Terms.
VII. Dispute Resolution – Arbitration Agreement
YOU AND MP HEALTHCARE VENTURE MANAGEMENT AGREE THAT ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.
The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or MP HEALTHCARE VENTURE MANAGEMENT may seek any interim or preliminary relief from a court of competent jurisdiction in Massachusetts, necessary to protect the rights or property of you or MP HEALTHCARE VENTURE MANAGEMENT pending the completion of arbitration.
If any provision of this agreement to arbitrate in this Dispute Resolution Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). Furthermore, this Dispute Resolution Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
This Dispute Resolution Section shall survive any termination of your account or the Platform. In the event that the arbitration provisions above are found not to apply to you or to a particular claim or controversy, either as a result of your decision or as a result of a decision by the arbitrator or a court order, you agree that any claim must be resolved exclusively by a state or federal court located in Boston, Massachusetts. You and MP HEALTHCARE VENTURE MANAGEMENT agree to submit to the personal jurisdiction of the courts located within Boston, Massachusetts for the purpose of litigating all such claims or controversies.
Arbitration Opt-Out. YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE PLATFORM, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL TO MPH-Web@mp-healthcare.com. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.
VIII. Void Where Prohibited
The Platforms and its contents are intended to comply with the laws and regulations of the U.S. Although the information on the Platforms may be accessible outside of the U.S., the information pertaining to MP HEALTHCARE VENTURE MANAGEMENT or our products and services is intended for use only by residents of the U.S. MP HEALTHCARE VENTURE MANAGEMENT reserves the right to limit the provision of its products and services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this Platform is void where prohibited.
No Waiver. No failure or delay by MP HEALTHCARE VENTURE MANAGEMENT in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms.
Severability. Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.
Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.
Assignment. You may not assign these Terms without the prior written consent of MP HEALTHCARE VENTURE MANAGEMENT but we may assign these Terms without any notice to you.
X. Contact Us
MP HEALTHCARE VENTURE MANAGEMENT, Inc.
33 Arch Street
Boston, MA 02110