Quick Links

1. Services

1. 1. Use of Services. Providers can use the Platform to share Medical Images and to facilitate online communications to consult with other Providers in order to assist in the treatment of their patients. Further, Providers may share Medical Images with their Patients. These Patients may also communicate online with their Provider in regards to their treatment.
   2. Consents. You shall obtain all consents and permissions necessary for the collection, use and disclosure of your patients’ or other third parties’ personal data uploaded to the Platform and/or Services.
   3. Not Intended as Medical Advice. INVIVO WORKSPACE MERELY ACTS AS A VENUE TO CONNECT PROVIDERS WITH EACH OTHER AND WITH THEIR PATIENTS, AND TO SHARE MEDICAL IMAGES WITH SUCH PROVIDERS AND PATIENTS. THE PLATFORM ITSELF DOES NOT PROVIDE MEDICAL ADVICE OF ANY KIND OR MAKE CLINICAL, MEDICAL, OR OTHER PROFESSIONAL DECISIONS, NOR IS THE SERVICE INTENDED AS A SUBSTITUTE FOR ACTUAL MEDICAL CARE. YOU ARE SOLELY RESPONSIBLE FOR THE CONDUCT AND CONTENT OF YOUR CONSULTATIONS WITH OTHER PROVIDERS, AND YOUR TREATMENT DECISIONS RELATING TO YOUR PATIENTS, AND OSTEOID SHALL NOT CONTROL, DIRECT, INFLUENCE, OR OTHERWISE INTERFERE WITH YOUR PROFESSIONAL JUDGMENT.

2. Use of the Services and Osteoid Properties

The Platform, the Services, and the information and content available on the Platform and the Services (as these terms are defined herein (collectively, the “Osteoid Properties“) are protected by copyright laws throughout the world. Subject to the Agreement, Osteoid grants you a limited license to reproduce portions of Osteoid Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Osteoid in a separate license, your right to use any and all Osteoid Properties is subject to the Agreement.

1. 1. Application License. Subject to your compliance with the Terms, Osteoid grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application“), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application access through or downloaded from the Google Play store (a “Google Play Sourced Application“), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
   2. Updates. You understand that Osteoid Properties are evolving. As a result, Osteoid may require you to accept updates to Osteoid Properties that you have installed on your computer or mobile device. You acknowledge and agree that Osteoid may update Osteoid Properties with or without notifying you. You may need to update third-party software from time to time in order to use Osteoid Properties.
   3. Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Osteoid Properties (including images, text, page layout or form) of Osteoid; (b) you shall not use any metatags or other “hidden text” using Osteoid’s name or trademarks; (c) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Platform (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (d) you shall not access Osteoid Properties in order to build a similar or competitive website, application or service. Osteoid maintains the right to terminate account and will not return any payment if you take any harmful action against Osteoid including but not limited to attempting to reverse engineer Osteoid intellectual property or build a competitive product.; and (e) except as expressly stated herein, no part of Osteoid Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to Osteoid Properties shall be subject to the Terms. Osteoid, its suppliers and service providers reserve all rights not granted in the Terms.

3. Registration

1. 1. Registering Your Account. In order to access certain features of Osteoid Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Platform (“Account“). There are three types of Accounts: (1) accounts that are made available to Patients at no charge (“Patient Accounts“),(2) accounts that are made available to Providers at no charge (“Free Accounts“), and (3) accounts that are made available to Providers or their employers on a subscription basis (“Paid Accounts“).
      1. Patient Accounts. Patients who register for a Patient account may view Medical Images sent to them by their Provider. They may not further share such Medical Images, or upload other Medical Images. They may communicate with their Providers regarding received Medical Images through the Platform. Access to the Medical Images sent by Providers expire thirty (30) days after the Patient accepts the case.
      2. Free Accounts. Providers who register for a Free Account may send Medical Images to other Providers, colleagues, and Patients, who are Registered Users, but only up to 3 cases per month (based on when they become a Registered User). Providers who have access to the same Medical Images may consult with other Providers in order to assist in the treatment of their patients. Access to the Medical Images uploaded by Providers under Free Accounts expire thirty (30) days following the last Action taken with respect to the applicable Medical Images (“Access Period“). An “Action” means: (1) the upload of a Medical Image to the Platform by a Provider; and (2) the acceptance of Medical Images shared through the Platform by a Provider. Following the Access Period, the expired Medical Image is automatically sent to a “Trash” folder within the Account of the Provider who uploaded the Medical Image. Such Medical Image will exist in the “Trash” folder for a period of fifteen (15) days (“Temporary Deletion Period“). During the Temporary Deletion Period, the Provider who initially uploaded the Medical Image may not access the Medical Image, unless the Provider upgrades to a Paid Account during the Temporary Deletion Period, at which point Provider’s access to such Medical Image will be restored. If, following the Temporary Deletion Period, the Provider has not upgraded to a Paid Account, then the Medical Image will be deleted permanently from the Platform and Services.
      3. Paid Accounts
         1. Providers who register for a Paid Account may (a) take all Actions with respect to Medical Images, (b) send Medical Images to other Providers who are Registered Users and colleagues, and (c) send such Medical Images to Provider’s patients. Providers who have access to the same Medical Images may consult with other Providers in order to assist in the treatment of their patients. Access to the Medical Images under Paid Accounts do not expire during the term of these Terms; however, Osteoid reserves the right to move Medical Images to the “Trash” and permanently delete such Medical Images if (1) the Registered User exceeds his or her Account size; or (2) the Registered User cancels his or her Paid Account or downgrades to a Free Account. Where a Registered User begins to exceed his or her Account size, the oldest Medical Images will be automatically moved to the “Trash” folder so that new Medical Images may be added to the Registered User’s Account. Registered Users will have the right to purchase additional storage capacity for such Registered User’s Account at any time upon making the applicable payments.
         2. The account holder shall pay Osteoid directly for use of the Platform. When a Paid Account subscription purchase is made on Invivo WORKSPACE, the user agrees to a continuous subscription with automatic recurring payments and that cancelling takes effect on the next subscription period without proration or any refund. It is the users responsibility to manage their account if they chose to cancel the subscription.Cancelling a Paid Account subscription means that the account will be automatically downgraded to the free Basic level after the end of the current Paid Account subscription period. Your subscription will remain active at the Paid level through the end of the subscription period you’ve already paid for.A user cancels their Paid Account subscription via their Invivo WORKSPACE account settings. An email or phone request to cancel your Paid Account subscription is not valid cancellation.Please follow these steps to cancel your Paid Account subscription:
            1. Login at www.invivoworkspace.com/signin
            2. Click your name in the top right corner of the website, and select ‘Admin’ in the drop-down menu
            3. In the Admin – Products page, select the Paid Account product.
            4. In the Information Panel on the right side of the website, click on ‘Cancel Plan’ button at the bottom.
            5. Confirm the cancellation by clicking on the ‘Cancel Plan’ button in the pop-up that appears.

            Cancelling a Paid Account subscription does not entitle the user to a refund on any payments that have already occurred.

            For monthly Paid subscriptions, we do not offer refunds whether on the first purchase or on any automatically recurring payments that the user has agreed to.

            For annual Paid subscriptions, refund requests will be evaluated (but not guaranteed) only if the user completes both (1) and (2) below:

            (1) the user cancels the annual Paid Account subscription within 14 days from the start of a subscription period through their Invivo WORKSPACE account settings

            (2) the user sends an email with the reason for refund request to info@osteoidinc.com within 14 days from the start of a subscription period

            At most a partial refund may be issued, where the user will still pay for at least one month of Paid service at the monthly Paid Account subscription rate. Should you cancel or send your request for refund after 14 days from the start of a subscription period, your payment is non-refundable and your Paid service will continue until the end of the annual subscription period.

      4. Registration Data. In registering an Account on the Platform, regardless of the type of Account, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data“); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) of legal age to form a binding contract; and (2) not a person barred from using Osteoid Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Osteoid immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Osteoid has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Osteoid has the right to suspend or terminate your Account and refuse any and all current or future use of Osteoid Properties (or any portion thereof). You agree not to create an Account or use Osteoid Properties if you have been previously removed by Osteoid, or if you have been previously banned from any of Osteoid Properties.

4. Responsibility for Content

1. 1. Types of Content. You acknowledge that all information, data, materials, photos, videos and other content, including Medical Images (“Content“), and Osteoid Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not Osteoid, are entirely responsible for all Content, including the Medical Images, that you upload, post, e-mail, transmit or otherwise make available (“Make Available“) through Osteoid Properties (“Your Content“).
   2. No Obligation to Pre-Screen Content. You acknowledge that Osteoid has no obligation to pre-screen Content although Osteoid reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. In the event that Osteoid pre-screens, refuses or removes any Content, you acknowledge that Osteoid will do so for Osteoid’s benefit, not yours. Without limiting the foregoing, Osteoid shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
   3. Storage. Unless expressly agreed to by Osteoid in writing elsewhere or as required by applicable law, Osteoid has no obligation to store any of Your Content.

5. Ownership

1. 1. Osteoid Properties. Except with respect to Your Content, you agree that Osteoid and its suppliers own all rights, title and interest in Osteoid Properties.
   2. License to Your Content. Subject to any applicable account settings that you select, you grant Osteoid a fully paid, royalty-free, worldwide, royalty-free, non-exclusive and sublicensable right and license to use, reproduce, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing our Services to you. You warrant that the holder of any worldwide intellectual property right, in Your Content. You agree that you, not Osteoid, are responsible for all of Your Content that you Make Available on or in Osteoid Properties.
   3. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Osteoid through its suggestion, feedback, wiki, forum or similar pages (“Feedback“) is at your own risk and that Osteoid has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Osteoid a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Osteoid Properties.

6. User Conduct

1. 1. You are responsible for your use of the Services, and for any use of the Services made using your Account. You hereby represent and warrant that Your Content does not violate our Acceptable Use Policy (defined in Section 6.2). Because you alone are responsible for Your Content, you may expose yourself to liability if, for example, Your Content violates the Acceptable Use Policy.
   2. Acceptable Use Policy. This Section 6.2 constitutes our Acceptable Use Policy. You agree that you will only Make Available Medical Images that are professional and created and used in the ordinary course of practicing medicine, and not for any other purpose. You further agree that Your Content that you Make Available, including comments related to Medical Images, will be professional, and made only in the ordinary course of practicing medicine. You further agree that When you use the Services, you agree that you will not, under any circumstances:
      1. Make Available any Content that, in Osteoid’s sole discretion, (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities; Harm minors in any way;
      2. Impersonate any person or entity, including, but not limited to, Osteoid personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      3. Make Available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      4. Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
      5. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
      6. Register for more than one Account or register for an Account on behalf of an individual other than yourself;
      7. Stalk or otherwise harass any other user of the Osteoid Properties; or
      8. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

7. Interactions with Other Users

1. 1. User Responsibility. You are solely responsible for your interactions with other Providers and/or your patients; provided, however, that Osteoid reserves the right, but has no obligation, to intercede in such disputes. You agree that Osteoid will not be responsible for any liability incurred as the result of such interactions.
   2. Release. You acknowledge that Osteoid merely provides a means for Providers to share Medical Images with other Providers who are colleagues, and with patients, in order to exchange feedback, thoughts and interpretations related to those Medical Images. Osteoid does not have any control or authority over any Providers or patients, and is not responsible for any of their actions and inactions. You hereby release Osteoid and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Osteoid Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor or the released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Osteoid or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Platform or any Services provided hereunder.

8. Indemnification

You agree to indemnify and hold Osteoid and its respective parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Osteoid Parties“) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your Medical Images, including your failure to obtain any necessary consents or rights in order to grant Osteoid the rights purportedly granted by you herein. Osteoid reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Osteoid in asserting any available defenses. This provision does not require you to indemnify any of the Osteoid Parties for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Platform or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Osteoid Properties.

9. Disclaimer of Warranties and Conditions

1. 1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OSTEOID PROPERTIES IS AT YOUR SOLE RISK, AND OSTEOID PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. OSTEOID PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT ARISING FROM USE OF THE PLATFORM.
      1. OSTEOID PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) OSTEOID PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF OSTEOID PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF COMPANY PROPERTIES WILL BE ACCURATE OR RELIABLE.
      2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH OSTEOID PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS OSTEOID PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
      3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. OSTEOID MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
      4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH OSTEOID PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
      5. FROM TIME TO TIME, OSTEOID MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COMPANY’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
   2. No Liability for Conduct of Providers. YOU ACKNOWLEDGE AND AGREE THAT OSTEOID PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OSTEOID PARTIES LIABLE, FOR THE CONDUCT OF PROVIDERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

10. Limitation of Liability

1. 1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL OSTEOID PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OSTEOID PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT OSTEOID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF OSTEOID PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OSTEOID PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH OSTEOID PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OSTEOID PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO OSTEOID PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN OSTEOID PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN OSTEOID PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN OSTEOID PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
   2. Cap on Liability. Osteoid is not liable for any incidental, indirect, special, or consequential damages arising out of or in connection with the Services provided by Osteoid, including without limitation loss of use of the any products, including inability to achieve a particular result. Osteoid’s total liability arising out of or in connection with any event or series of connected events occurring in connection with the Services shall not exceed the amount of fees paid for use of the Services. These provisions allocate the risks under use of the Services. Osteoid’s pricing reflects this allocation of risk and the limitation of liability specified herein.
   3. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OSTEOID AND YOU.

11. Term and Termination

1. 1. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Osteoid Properties, unless terminated earlier in accordance with the Terms.
   2. Termination of Services by Us. We may terminate and/or suspend the Services, your Account and/or these Terms in the event you breach any terms herein, or if required to do so by applicable law.
   3. Termination of Services by You. If you want to terminate the Services provided by Osteoid, you may do so by (a) notifying Osteoid at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to info@osteoidinc.com
   4. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content, unless we are required to retain a copy of such Content in accordance with applicable law. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Osteoid will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

12. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Osteoid and limits the manner in which you can seek relief from us.

1. 1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Platform, to any products sold or distributed through the Platform, or to any aspect of your relationship with Osteoid, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Osteoid may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
   2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Osteoid Inc., 3350 Scott Blvd., BLDG 29, Santa Clara, California, United States. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.
   3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Osteoid. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any nonmonetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
   4. Waiver of Jury Trial. YOU AND OSTEOID HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Osteoid are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 12.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
   5. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then claim must be severed from the arbitration and brought into the State or Federal Courts located in Santa Clara County, California. All other claims s hall be arbitrated.
   6. Severability. Except as provided in subsection 12.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
   7. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Osteoid.

13. General Provisions

1. 1. Electronic Communications. The communications between you and Osteoid use electronic means, whether you visit Osteoid Properties or send Osteoid e-mails, or whether Osteoid posts notices on Osteoid Properties or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Osteoid in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Osteoid provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
   2. Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Osteoid’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Osteoid may freely assign these Terms including its rights herein, in whole or in part, without your prior consent.
   3. Force Majeure. Osteoid shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
   4. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Osteoid Properties, please contact us at: Osteoid Inc., 3350 Scott Blvd, BLDG 29, Santa Clara, California. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
   5. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Osteoid agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Santa Clara County, California.
   6. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
   7. Notice. Where Osteoid requires that you provide an e-mail address, you are responsible for providing Osteoid with your most current e-mail address. In the event that the last e-mail address you provided to Osteoid is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Osteoid’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Osteoid at the following address: Osteoid Inc, 3350 Scott Blvd, BLDG 29, Santa Clara, California. Such notice shall be deemed given when received by Osteoid by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
   8. Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
   9. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
   10. Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
       1. You acknowledge and agree that (i) the Agreement is concluded between you and Osteoid only, and not Apple, and (ii) Osteoid, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
       2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
       3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Osteoid and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Osteoid.
       4. You and Osteoid acknowledge that, as between Osteoid and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
       5. You and Osteoid acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Osteoid and Apple, Osteoid, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
       6. You and Osteoid acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
       7. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
   11. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
   12. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

13. Legal Disclaimers

1. 1. Informational Purposes Only. The contents of the Osteoid Site, such as text, graphics and images are for informational purposes only. Osteoid does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Osteoid explicitly does not warrant the accuracy of the information contained on this site. Your reliance upon information and content obtained by you at or through this site is solely at your own risk. Neither we nor our authors assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the content or services provided to you.
   2. Medical Advice. Unless explicitly stated otherwise, Osteoid does not give medical advice, nor do we provide medical or diagnostic services. Medical information changes rapidly. Neither we nor our authors guarantee that the content covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments.
   3. Official Legal Disclaimer for CE-marked content. Osteoid provides certain CE-marked information, models, calculators, equations, and algorithms (tools) on any of its websites, applications, apps or services. These tools may only be used in accordance with the intended use / intended purpose that has been published with the respective CE-marked tool.
      In general, and unless explicitly stated otherwise, CE-marked tools on Osteoid are only to be used by physicians in a clinical setting and are not for patient use.
      The CE-marked content on the platform is to be regarded as a specific set of tools, apart from the general platform content. Any available content, on any of the websites, applications, apps or services provided by Osteoid that is not clearly labeled as a CE-marked tool is explicitly not covered by this disclaimer for CE-marked content, the general Osteoid Disclaimer for non-CE-marked content applies.
      CE-marked tools may provide limited professional advice to the intended user(s). However, the intended user must exercise their own clinical judgment as to the information these tools provide.
      Osteoid does not assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any misuse of any product, information, idea or instruction contained in the tools provided to you.
   4. Official Legal Disclaimer for non-CE-marked content. Osteoid provides information, models, calculators, equations, and algorithms (tools) intended for educational, training and information purposes. These tools must therefore not be used to support medical decision making, or to provide medical or diagnostic services. Individuals who use the tools do so at their own risk. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, users should always consult their physician or other qualified healthcare professional.

14. Supplemental Terms

1. 1. Intended Use of Invivo Workspace Web Viewer. Invivo WORKSPACE Web Viewer is a software application used for the display and 3D visualization of medical image files from scanning devices, such as CT and MRI. It is intended for use by radiologists, clinicians, referring physicians and other qualified individuals to retrieve, process, render, review, assist in diagnosis, utilizing web user interface. Additionally, Invivo WORKSPACE Web Viewer is a preoperative software application used for the planning and evaluation of dental implants and surgical treatments. This device is not indicated for mammography use. You agree that you will NOT use Invivo WORKSPACE Web Viewer beyond the intended use. You can find the Instructions For Use here: https://learn.osteoidinc.com/invivo-user-manuals