Wearables in Healthcare Pilot Challenge (#WHPC15)

CONTEST RULES

(Revised January 18, 2015)

Thank you for taking part in Wearables in Healthcare Pilot Challenge (the “Contest”)! By participating in the Contest, you are agreeing to these rules, terms and conditions so please take a few minutes to read them over.

IMPORTANT NOTE: We’re people just like you, and we all hate reading these things. We’ve kept this document as brief as possible and written it in plain, easy-to-understand language. Nonetheless, keep in mind that you are entering into a legally binding agreement.

1. Parties

   There are two parties entering into this agreement, you and us.

   In this agreement, the first-person plural pronouns “We”, “Us”, “Our”, “Ours”, etc. refer to Medical Networking, Inc., 250 Kendall St. 17th Floor, Cambridge, Massachusetts 02142, USA.

   Similarly, the second-person pronouns “You”, “Your”, “Yours”, etc. refer to you. Even if you are acting on behalf of your company, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us.

   Phrases such as “we both”, “both of us” or “both parties” refer to both you and us collectively.

2. Purpose

   The purpose of the Contest is to provide an opportunity for anyone to be part of innovation. To accomplish this, we have provided resources on this website including videos, images, text and a secure form for submitting your ideas.

3. Your Agreement

   When you submit an idea to the Contest, you are entering into a legal agreement and you agree to all of these terms, so please read them

   By submitting your idea on the contest submissions page, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. The same holds true if you submit your idea by any other means (such as email, written letter, etc.).

4. Your Obligations
   1. You promise that you will use this site in good faith, will use your real name and only provide accurate information to the Contest.
   2. You will not violate any rights of Medical Networking, Inc. or any third party, including intellectual property rights such as copyright or trademark rights.
   3. You are responsible to provide at your cost all equipment, software, mobile access, and internet access necessary to participate in the Contest.
   4. You will not post or submit any material that is inappropriate, offensive, profane, pornographic, racist, bigoted, harassing or intended to cause insult or anguish in others.
   5. You will not post or submit content that violates third party rights (such as copyright or intellectual property) or applicable laws.
   6. You will not copy or transfer any part of this website.
   7. If your actions cause any losses to us, either directly or indirectly, you agree to pay all damages, losses and costs incurred as a result. This could include any claims brought against us by third parties as a result of your actions.
   8. You will not copy, broadcast, display, sell or transmit any of the copyrighted information on this website.
   9. You will not “hack” or reverse engineer any of the software, applications or services running on this website.
   10. You will not use this site in the commission of any crime.
   11. You will not advertise, tell directly or imply indirectly to anyone that you are affiliated with or endorsed by us, Medstro, MedTech Boston, any of the Contest sponsors or the Contest itself. You will also not use any of our logos or trademarks without our permission.
   12. You will not attempt to override any access controls or security measures on the website.
   13. You will not interfere with or disrupt others access to this website.
5. Revisions to this Agreement

   We may amend this Agreement from time to time with or without advance notice by posting an amended version on this website. We will make efforts to notify you of the changes if we have your contact details, however whether or not we notify you of the changes you are still bound by the amended agreement, so check back here from time to time to see if the “Revised” date above has changed.

6. License and Warranty for your Submissions

   You retain ownership of the information you submit to the Conteset under this Agreement. However, you do grant us a license to the information you provide us, as follows:

   1. We may share this information with the Contest judges, sponsors and affiliates
   2. We may publicize this information freely on any media including but not limited to the Internet, television and print media
   3. This license applies worldwide, in perpetuity and is irrevocable
   4. You grant this license to us completely free of charge and without royalty now or in the future
   5. Once you submit your information to the website, it immediately becomes public for anyone on the Internet to view. If you want us to delete the information after it has been posted, we will consider your request but we are under no obligation to grant your request. We have the sole and final discretion whether or not to delete your information.
   6. We will do our best to preserve the information, but any information you submit to us is at your own risk of loss and you relinquish any rights to damages or compensation in the event we lose your information
   7. You represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights
   8. We may, at our sole discretion, for any reason or for no reason, and at any time, remove your information from the website. You acknowledge that you have no rights to seek any damages or any other compensation in the event that we delete your information.
7. Notifications

   As mentioned, we will provide notifications to you via this website. We will also try to contact you by email with important notifications if we have your email address. However, since email delivery is not foolproof, always check this site periodically for any important notices.

8. Privacy

   In order to submit an entry to the Contest, you must first become a member of Medstro. Please see the Medstro Privacy Policy and Terms of Service for details on how your information and privacy are protected. Note that all information submitted to the Contest, including entries, comments, likes, etc. is considered information that you post to Medstro Groups or Medstro Pages that are designated as "Public" under the Privacy Policy. This information is visible to anyone on the Internet.

9. Third Party Actions

   We are not responsible for the actions of any third parties.

10. Third Party Plug-ins

    We use several third-party plugins which provide us information about our audience and help us to improve our service. We also use plugins to serve tailored content and advertising to our readers. These plugins may collect information about you using tracking cookies, “beacons” or other technologies. You acknowledge that we have no control over how these plugins operate, what information they collect and what the providers of these plugins do with that information. You agree not to hold us responsible for or seek damages from us for any cause arising from the actions of any of these plugins or their providers. For a complete list of the plugins we use and the companies that provide them, please email support@medtechboston.com

11. Liability

    You agree to release us completely and in perpetuity from any liability to you for any damages, direct or indirect, whether by our negligence, action or omission of action, that you may incur related to this Agreement, your participation in the Contest or your use of this website. Where local law doesn’t allow this, then you agree that our liability to you is limited to the lowest amount allowable by local law.

12. Liability of Contest Sponsors

    The Contest is sponsored by several organizations and companies (the "Sponsors") who are listed on the contest sponsorship page. You agree to release all of these Sponsors completely and in perpetuity from any liability to you for any damages, direct or indirect, whether by the Sponsors' negligence, action or omission of action, that you may incur related to this Agreement, your participation in the Contest or your use of this website. Where local law doesn’t allow this, then you agree that the Sponsors' liability to you is limited to the lowest amount allowable by local law.

13. Termination

    You can terminate this agreement any time by written notice to us. We can terminate this agreement at any time by written notice to you. If you continue to use this website after termination, then you are agreeing to the reinstatement of this Agreement and you will be bound by all its terms and conditions.

14. Suspension or Interruption of Service

    We do not guarantee that this website will be available and accessible all the time. You agree that you have no right to any damages for any losses you incur directly or indirectly as a result of inavailability of this website.

    We may, at our sole discretion, suspend your access to this website for any reason or for no reason. You agree that you have no recourse and are entitled to no compensation or damages in this case.

15. Jurisdiction and Disputes

    If either of us have a dispute that we cannot resolve by mutual good-faith negotiation, we both agree to the sole jurisdiction of the courts of the Commonwealth of Massachusetts in any legal dispute.

16. Miscellaneous Legal Stuff
    1. Severability

       If any provision in this Agreement shall be found or be held to be invalid or unenforceable then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect unless the severed provision is essential and material to the rights or benefits received by any Party. In such event, the Parties shall use best efforts to negotiate, in good faith, a substitute, valid and enforceable provision or agreement which most nearly effects the Parties’ intent in entering into this Agreement.

    2. No Waiver

       No waiver of any term or condition of this Agreement shall be valid or binding on a Party unless the same shall have been set forth in a written document, specifically referring to this Agreement and signed by the waiving Party. The failure of a Party to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by one or both of the Parties of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of a Party to enforce each and every such provision thereafter.

    3. Entire Agreement

       The terms and conditions contained in this Agreement (including the Exhibits hereto) and the documents referred to herein constitute the entire agreement between the Parties and supersede all previous agreements and understandings, whether oral or written, between the Parties with respect to the subject matter hereof.

    4. Force Majeure

       Neither Party shall be liable for delays or failure to meet its obligations pursuant to this Agreement due to causes beyond the Party’s reasonable control, provided, however, the foregoing shall not apply to a Party’s payment obligations.

    5. Binding; Assignment

       This Agreement shall bind and inure to the benefit of the Parties and their respective successors and permitted assigns. In no event shall either Party assign this Agreement without the other Party’s prior written consent.

    6. Headings

       The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of any such section nor in any way affect this Agreement.

    7. No Injunctive Relief

       You waive your rights to try to stop Medical Networking, Inc., but we don’t waive our rights to ask a court to stop your actions.

©2014 Medical Networking, Inc.