Website Terms of Use

1A. Modifications to Terms of Service.

Medten USA may modify these Terms of Service and its Privacy Policy from time to time, and any such modifications shall be effective upon their posting on the Website. You agree to be bound by any changes to the Terms of Service and Privacy Policy when You use the Website after any such modification is posted on the Website. It is therefore important that You review these Terms of Service each time You access the Website to ensure that You are aware of any changes or modifications to the Terms of Service.

1B. Electronic Communications and Electronic Signatures.

By accessing or using the Website, you consent to receive electronic communications from Medten USA, including marketing communications, notices, agreements, disclosures, and other communications by or on behalf of Medten USA. You agree that any electronic communications we send to you satisfy any legal requirement that such communications be in writing. You further agree that clicking "I Agree," "Submit", checking a box, or taking any similar action in connection with this Website and these Terms constitutes your electronic signature and is the legal equivalent of your handwritten signature.

2. Eligibility.

You must be eighteen (18) years old or older to use the Medten USA Website. By using Medten USA's Website, You represent and assume that You have the authority and capacity to enter into this Agreement and to abide by all the terms listed in this Agreement. The Website is not intended for use by children under the age of thirteen (13), and Medten USA does not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided personal information, we will delete such information in accordance with applicable law.

3. Access, Alerts, and Downloads.

Medten USA reserves the right to reject and to terminate your use of the Website at any time, for any reason or for no reason, without notice to You. Medten USA also reserves the right to provide notices and alerts to Users from time to time about use of the Website and information on feature updates and changes.

Certain features of the Website may require you to create a user account. You agree to provide true, complete, and current information when creating your account and to promptly update such information as needed. You are solely responsible for maintaining the confidentiality and security of your login credentials, and for all activities that occur under your account. Medten USA shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials. You agree to immediately notify Medten USA of any unauthorized access to, or use of, your account.

4. Intellectual Property Protection.

All the content and information displayed or accessible on or through the Website, including without limitation, text, artwork, graphics, logos, button icons, images, audio clips, video clips, digital downloads, prices, products, product and service descriptions, and data compilations, is the property of or licensed to Medten USA. Such content is protected by U.S. and international trademark, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such materials, other than as permitted in these Terms of Service. Systematic retrieval of data or other information from the Website to prepare any collection, compilation, database, or directory is strictly prohibited.

The names and logos for Medten USA, and any other Medten USA graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Medten USA. Medten USA's trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any other product or service in any manner that is likely to cause consumer confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Medten USA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Medten USA or any Medten USA affiliates without Medten USA's express written consent. In addition, You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Medten USA may have ownership, affiliate, or other commercial relationships with certain manufacturers, suppliers, or distributors of products listed on the Website. The inclusion of any product on the Website does not constitute an independent endorsement beyond such relationships.

All product-related data displayed on the Website, including but not limited to product images, specifications, descriptions, compatibility data, cross-reference data, alternative product mappings, and the selection, coordination, arrangement, and organization of such data (collectively, "Product Data"), is owned by or licensed to Medten USA to the extent of its original content and proprietary compilation.

Certain elements of the Product Data may incorporate or reference 3^rd party intellectual property, including without limitation brand names, trademarks, trade names, and part numbers, which are the property of their respective owners and are used solely for identification, compatibility, and descriptive purposes in accordance with applicable law. Medten USA does not claim any ownership rights in such 3^rd party intellectual property.

Except for such 3^rd party materials, the compilation, organization, enhancement, and presentation of the Product Data constitute proprietary intellectual property and trade secrets of Medten USA, protected under applicable intellectual property laws. You may not copy, reproduce, distribute, extract, scrape, reverse engineer, or otherwise use any Product Data, in whole or in part, for the purpose of creating, enhancing, or supporting any competing product catalog, database, marketplace, or product matching system, whether manually or through automated means, without Medten USA's prior written consent.

EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS OF SERVICE, NEITHER MEDTEN USA NOR ANY 3^rd party HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE WEBSITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU BY REASON OF YOUR ACCEPTANCE OF THIS TERMS OF SERVICE.

You acknowledge and agree that a breach or threatened breach by you of any of your obligations under this Section would cause Medten USA irreparable harm for which monetary damages would not be an adequate remedy and that, in the event of such breach or threatened breach, Medten USA will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.

5. License Grant and Restrictions.

Medten USA hereby grants You a limited, non-exclusive, non-transferable, and revocable right to access and use the Website to (i) utilize the features, content and tools that Medten USA makes available to You through the Website or otherwise and (ii) receive information relating to the Services. You shall use the Website, and any Medten USA content solely for Your personal use, and for no other purpose whatsoever without the express written consent of Medten USA. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, broadcast, create derivative works from, transfer, or sell any of Medten USA content on the Website, including without limitation any data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, product and service descriptions, and data compilations. The license granted in the Terms of Service does not include any resale or commercial use of the Website, and such use is prohibited. You are also prohibited from creating any derivative works from the Website, or downloading or copying of any information for the benefit of another person or entity other than contemplated in these Terms of Service. Medten USA reserves the right to suspend or deny, in its sole discretion, Your access to the Website, without notice to You.

6. Privacy Policy.

Medten USA respects your right to privacy and understands that visitors want to be in control of their personal information. Accordingly, Medten USA has developed a Privacy Policy located at www.medten.com/privacy-policy, that governs your use of the Website, and You should review it carefully. By becoming a User, you understand that we will obtain and share your information, and that your information may be shared with 3^rd parties. We will use, store, and disclose your personal information in accordance with our Privacy Policy, and your use of the Website constitutes your consent to the terms set forth in the Privacy Policy. If you disagree with any aspect of the Privacy Policy, then you should cease using the Website.

7. Terms and Termination of Access.

This Agreement is effective starting on the date you use the Website for the first time and continues until terminated in accordance with this Agreement.

You understand and agree that Medten USA, in its sole discretion, may terminate your right to use the Website, direct You to cease using the Website, and discontinue or restrict your access to the Website, all without notice to You and for any reason. You agree that Medten USA shall not be liable to You or to any 3^rd party for any modification, suspension, or discontinuance of the Website, or any parts thereof.

While Medten USA may restrict your use of the Website for any reason or for no reason at all, we will suspend, disable, delete, or otherwise limit or restrict your access if Medten USA determines that You have violated any provision of this Agreement or that your conduct or content would tend to damage Medten USA's reputation or goodwill. If Medten USA deactivates or otherwise restricts your access due to your misconduct, you shall not use the Website under a different name or different email address.

Upon termination of this Agreement, all licenses granted by Medten USA to You will terminate. In the event of access restriction for any reason, whether on your behalf or ours, content that You submitted may no longer be available. Medten USA is not responsible for the loss of such content.

Medten USA does not guarantee that the Website or any content, service, or feature will be uninterrupted, error-free, or continuously available. Access to the Website may be suspended or restricted due to maintenance, system updates, failures, force majeure events, or causes beyond our reasonable control. Medten USA shall not be liable for any unavailability, interruption, or delay in the operation of the Website.

Certain services, including but not limited to repair services, may be subject to separate service agreements, terms, or conditions. In the event of a conflict between these Terms and any such separate agreement, the terms of the applicable service agreement shall control.

All orders placed through the Website are subject to acceptance by Medten USA. We reserve the right to refuse, cancel, or limit any order for any reason, including pricing errors, product availability, or suspected fraud.

8. Limitation of Liability.

You specifically agree that Medten USA is not liable for any of your conduct while using the Website. Medten USA is also not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or Medten USA's, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the internet or on the Website, including any injury or damage to your or any other person's computer related to or resulting from use of the Website.

In no event shall Medten USA be liable for any damages, including but not limited to any direct, indirect, incidental, special, or consequential damages resulting from your use or the inability to use the Website, any Medten USA content, any information accessible on the Website, from any messages received through the Website, or resulting from unauthorized access to or alteration of transmissions or data, including but not limited to, damages for loss of profits, use, data, or other intangible property, whether based on contract, tort, strict liability or otherwise, even if Medten USA has been advised of the possibility of such damages, to the fullest extent permitted by applicable law.

You agree that regardless of any statute or law to the contrary, You will file any claim or cause of action arising out of or related to your use of the Website, or to interpret or enforce the Terms of Service within one (1) year of receiving the Terms of Service or be forever barred.

Medten USA is not responsible for the conduct of any user. In no event shall Medten USA, its affiliates or its partners be directly or indirectly liable for any losses or damages whatsoever, including but not limited to direct, indirect, general, special, compensatory, consequential, and/or incidental damages, arising out of or relating to the conduct of You or anyone else in connection with Your use of the Website and Medten USA's Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages.

To the maximum extent permitted by applicable law, in no event shall Medten USA's total cumulative liability arising out of or relating to the Website or Services exceed the greater of (i) one thousand U.S. dollars ($1,000), or (ii) the total amount paid by you to Medten USA in the twelve (12) months preceding the event giving rise to the claim.

9. Disclaimers.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE INFORMATION ON THE WEBSITE, AND ANY MEDTEN USA CONTENT, IS AT YOUR SOLE RISK. MEDTEN USA CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEDTEN USA HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON MEDTEN USA COMPLIES WITH THIS AGREEMENT OR IS SUITABLE FOR ALL USERS.

MEDTEN USA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MEDTEN USA DOES NOT MAKE ANY WARRANTY THAT MEDTEN USA CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE. EXCEPT AS OTHERWISE SEPARATELY EXTENDED TO YOU AT THE TIME YOU RECEIVE ANY MEDTEN USA CONTENT PROVIDED TO YOU, MEDTEN USA DOES NOT MAKE ANY WARRANTY CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF MEDTEN USA CONTENT PROVIDED ON OR THROUGH THE WEBSITE, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED THEREON. MEDTEN USA DOES NOT MAKE ANY WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED 3^rd party WEBSITE OR WEBSITE, INCLUDING ANY ADVERTISER'S WEBSITE OR WEBSITE. MEDTEN USA DOES NOT MAKE ANY WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ANY ADVERTISER ON THE WEBSITE AND OTHER USERS OF THE WEBSITE. INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXTENT PERMITTED BY APPLICABLE LAW.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which You first used Medten USA, and no warranties shall apply after such period.

10. Your Conduct and Prohibited Activities.

Users are required to be civil and respectful at all times and in all interactions with Medten USA and with any other User. In addition, You shall not:

• Attempt to submit information to the Website with more than one email address;
• Harass or stalk any other person;
• Harm or exploit minors;
• Act in a deceptive manner by, among other things, impersonating any person or entity;
• Solicit money from Medten USA or other Users;
• Post any content that is prohibited by Section 13 herein;
• Express or imply that any statements you make are endorsed by Us without our specific prior written consent;
• Use the Website or our Services in an illegal manner or to commit an illegal act;
• Access the Website in a jurisdiction in which it is illegal or unauthorized;
• Ask or use other Users to conceal the identity, source, or destination of any illegally gained money or products;
• Use any robot, spider, crawler, scraper, data mining tool, or other automated or manual process to access, retrieve, index, extract, or reuse any portion of the Website or Product Data, including for purposes of building, training, validating, or improving any artificial intelligence system, machine learning model, algorithmic process, or product compatibility or recommendation engine;
• Collect others' personal information by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
• Interfere with or disrupt the Website or the servers or networks connected to the Website;
• Email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, computer hardware, or telecommunications equipment;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website (either directly or indirectly through use of 3^rd party software);
• "Frame" or "mirror" any part of the Website, without Medten USA's prior written authorization;
• Use meta tags or code or other devices containing any reference to Us or the Website (or any trademark, trade name, service mark, logo or slogan of Medten USA) to direct any person to any other website for any purpose;
• Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so;
• Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.

Use of Website Content for Machine Learning or AI Prohibited. Without limiting the foregoing, you may not use any content, images, videos, text, metadata, or materials obtained from the Website for the purpose of training, developing, or improving any artificial intelligence system, machine learning model, algorithmic process, large language model, neural network, data analytics platform, or similar technology—whether for commercial or non-commercial use—without Medten USA's prior written consent. Any such use is expressly prohibited.

11. Content Posted by You on Medten USA.

12. Licenses Granted by You to Us.

By posting Content as part of the Service, you automatically grant to Medten USA, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. In addition, you waive any so-called "moral rights" in your Content. If you suggest to Medten USA any improvements or new features for Medten USA or for its Website, Medten USA shall have the right to implement such suggestions without any compensation to you.

13. Prohibited Content.

Your use of Medten USA, including all Content You post, must comply with all applicable laws and regulations. In addition to the types of Content described in Section 10 above, the following is a partial list of Content which You are prohibited from posting to Medten USA. You shall not post, upload, display or otherwise make available Content that:

• Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Advocates harassment or intimidation of another person;
• Requests money from, or is intended to otherwise defraud, Medten USA or other Users;
• Involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
• Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
• Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
• Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
• Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
• Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
• Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
• Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
• Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
• Disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users' ability to use the Website;
• Solicits passwords or personal identifying information of other Users for commercial or unlawful purposes;
• Disseminates another person's personal information without his or her permission; or
• Publicizes or promotes commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent.

Medten USA reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Website and terminating or suspending access by such violators.

14. Your Representations and Warranties.

For each item of Content that you submit, you represent and warrant that: (i) you have the right to submit the Content to Medten USA and grant the licenses set forth above; (ii) Medten USA will not need to obtain licenses from any 3^rd party or pay royalties to any 3^rd party; (iii) the Content does not infringe any 3^rd party's rights, including intellectual property rights and privacy rights; and (iv) the Content complies with this Agreement and all applicable laws.

15. Indemnification.

You agree to indemnify, defend, and hold harmless Medten USA, its subsidiaries, affiliates, officers, agents, partners, and employees from and against any and all losses, liabilities, claims, demands, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (i) your breach of this Agreement, (ii) your misuse or improper use of any products or Services, (iii) your violation of applicable laws or regulations, or (iv) your submission or transmission of any information, including personal or health-related information. Medten USA reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Us in connection therewith.

16. Copyright Policy, Notice and Procedure for Making Claims of Copyright Infringement.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please notify our Copyright Agent at the following address:

To facilitate the processing of your claim, you will need to provide the Copyright Agent with the following:

• (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site.
• (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service Medten USA to locate the material.
• (iv) Information reasonably sufficient to permit the service Medten USA to contact the complaining party, such as an address, telephone number, and, an email address at which the complaining party may be contacted.
• (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Medten USA reserves the right to terminate or restrict access by repeat infringers.

17. Our Use of Your Information.

You agree that Medten USA may access, preserve and disclose your information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:

• (i) Comply with legal process;
• (ii) Enforce these Terms of Service;
• (iii) Respond to claims that any Content violates the rights of 3^rd parties;
• (iv) Respond to your requests for customer service;
• (v) Allow you to use the Service in the future; or
• (vi) Protect the rights, property or personal safety of Medten USA or any other person or entity.

18. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by 3^rd parties, including materials provided by other users, bloggers and 3^rd party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Medten USA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Medten USA. We are not responsible, or liable to you or any 3^rd party, for the content or accuracy of any materials provided by any 3^rd parties.

All content made available on or through the Website, including any product or service suggestions, product-related content, images, articles, blog posts, or other materials ("Informational Content"), is provided solely for general informational purposes. Medten USA does not provide professional, medical, financial, legal, therapeutic, or other specialized advice. You acknowledge and agree that (i) Informational Content on the Website may not be tailored to your individual circumstances, (ii) you are solely responsible for any decisions or actions you take based on such Informational Content from the Website, and (iii) your reliance on any Informational Content is entirely at your own risk.

Any compatibility, cross-reference, or alternative product information is provided for general informational purposes only and does not constitute a guarantee of compatibility, performance, or suitability for any specific application or use. Users are solely responsible for verifying compatibility and appropriateness prior to use.

Product descriptions, specifications, compatibility information, and related content made available on the Website may be derived from manufacturer-provided information or internal assessments. While Medten USA strives for accuracy, we do not warrant that such information is complete, accurate, reliable, or error-free.

The products and information provided through the Website are intended for use by qualified professionals. Nothing on the Website constitutes medical advice or a substitute for professional medical judgment. Medten USA does not assume responsibility for clinical outcomes or for the use or misuse of any products. You acknowledge and agree that you are solely responsible for the proper selection, installation, use, and maintenance of any products obtained through the Website. Medten USA shall not be liable for any damages, losses, or claims arising from improper use, misuse, or failure to follow manufacturer instructions.

19. Mandatory Binding Arbitration and Class Action Waiver.

Claims relating to this Agreement or the Service will be resolved through final and binding arbitration, except as set forth below. The parties agree that the Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

Initial Dispute Resolution: The parties agree that most disputes can be resolved without resort to litigation. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with each other, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Accordingly, before initiating a lawsuit or arbitration, you agree to contact Medten USA to attempt to resolve the dispute in good faith.

Binding Arbitration & Class Action Waiver: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time the informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the Agreement (including its formation, performance and breach), the parties' relationship with each other and/or your use of the Website shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions.

Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration ("Demand") that (i) briefly explains the dispute, (ii) lists your and Medten USA's names and addresses, (iii) specify the amount of money in dispute, if applicable, (iv) identify the requested location for a hearing if an in-person hearing is requested, and (v) state what you want in the dispute; (b) Send one copy of the Demand to the AAA, along with a copy of these Terms and the filing fee required by the AAA; and (c) Send one copy of the Demand for Arbitration to us at info@medten.com.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Broward County, Florida, United States, and you and Medten USA agree to submit to the personal jurisdiction of any federal or state court in Broward County, Florida, United States, in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in state or federal court located in Broward County, Florida, United States. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Agreement, including, but not limited to any claim that all or any part of the Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the Parties and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitration will be held in Broward County, Florida, United States. If any court or arbitrator determines that this arbitration provision is void or unenforceable for any reason or that the parties are not bound to arbitrate their claims, then the disputes, claims or controversies deemed not to be subject to arbitration must be litigated in state or federal court located in Broward County, Florida, United States.

Exception: Litigation of Intellectual Property Claims: Notwithstanding the foregoing, disputes, claims, or controversies concerning (1) either party's patents, copyrights, moral rights, trademarks, and trade secrets or (2) claims of piracy or unauthorized use of the Services (collectively, "IP Claims") shall not be subject to arbitration.

20. Miscellaneous Provisions.