Terms of Service

Effective date: May 16, 2023

These Terms of Service are a legally binding contract between You and A-dec regarding Your use of the Service. Capitalized terms used throughout are defined in Section 28 (Definitions). PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY CLICKING “CREATE ACCOUNT” OR OTHERWISE CREATING AN ACCOUNT TO USE THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If You are not eligible or do not agree to these Terms, then You do not have permission to use the Service.

NO MEDICAL OR LEGAL ADVICE

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND MATERIALS ARE NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A QUALIFIED HEALTHCARE PRACTITIONER IN DIAGNOSING AND TREATING PATIENTS AND YOU WILL USE YOUR OWN PROFESSIONAL JUDGMENT IN RELATION TO THE FOREGOING. THE A-DEC GROUP, SERVICE, AND MATERIALS DO NOT GIVE MEDICAL ADVICE OR PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. RELIANCE UPON THE SERVICE OR MATERIALS BY YOU OR ANY OF YOUR AUTHORIZED USERS IS SOLELY AT YOUR AND THEIR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE A-DEC GROUP IS IN NO WAY RESPONSIBLE FOR THE USE OF ANY PHARMACOLOGICAL, MEDICAL, LEGAL, OR SIMILAR INFORMATION CONTAINED IN, ENTERED INTO, OR USED IN CONNECTION WITH THE SERVICE, AND YOU AND AUTHORIZED USERS, AS APPLICABLE, SHOULD VERIFY THE ACCURACY OF THE INFORMATION AND COMPLETENESS OF SUCH INFORMATION WHENEVER NECESSARY FOR PROVIDING HEALTHCARE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE AND MATERIALS BY YOU AND AUTHORIZED USERS FOR ANY PURPOSE RELATED TO PATIENT CARE SHOULD BE UNDER THE SUPERVISION OF A QUALIFIED HEALTHCARE PRACTITIONER. AS BETWEEN A-DEC AND YOU, YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR TREATMENT AND CARE OF PATIENTS, INCLUDING ALL RESPONSIBILITY FOR PERSONAL OR PSYCHOLOGICAL INJURY OR DEATH.

1. Binding on Your Organization and Eligibility. When You accept these Terms, You agree to them on Your individual behalf and on behalf of Your Organization. By agreeing to these Terms, You represent and warrant to Us that: (a) You are authorized by Your Organization to agree to the Terms on its behalf; (b) You are of legal age to enter into a binding agreement; (c) You have not previously been suspended or removed from the Service; (d) Your registration and use of the Service is in compliance with all applicable rules, laws, and regulations; and (e) You have reviewed and acknowledge Our Privacy Policy, which describes Our practices in connection with the collection, use, storage, and disclosure of personal information.

2. The Service Overview. To the fullest extent permitted by applicable law, You assume all risk and the A-dec Group is not responsible for any harm to You or others that may occur from Your use of the Service. You may not access or use the Service for any other purpose than as permitted by A-dec under these Terms. You may access the Service only if authorized by Your Organization. Your access is subject to the discretion and control of Your Organization as well as A-dec under these Terms.

3. Responsibility for Authorized Users. You are responsible and liable for (a) non-compliance with these Terms by You and Authorized Users and any and all acts and omissions by the Authorized Users and their accounts in connection with the Service; (b) User Content (as further described in Section 17); (c) effects of any breach of security in connection with the activity of Your and Authorized Users’ accounts in connection with the Service; and (d) Your and the Authorized Users’ interactions with patients in connection with and separate from the Service, ensuring diagnoses and treatments are carried-out by a qualified healthcare practitioner.

4. Accounts and Registration. To access the Service, You must register for an account. When You register for an account, You may be required to provide Us with some information about Yourself, such as Your email address and password. You agree that the profile information You provide to Us is accurate and that You will keep it accurate and up-to-date at all times. You understand and agree that as part of the registration process, We may use this information to verify Your eligibility to use the Service. You are solely responsible for maintaining the confidentiality of Your account and password, and You accept responsibility for all activities that occur under Your account. If You have reason to believe that Your account is no longer secure, then You must immediately notify Us at customer.service@a-dec.com (within USA and Canada) or a-decglobal@a-dec.com (outside the USA and Canada).

5. Payment. The Service is currently made available free-of-charge to You. A-dec reserves the right to charge fees for the Service at any time. If You do not accept the charges, You may stop using the Service at any time.

6. Software.

(a) Use. Subject to these Terms and Your ongoing compliance with these Terms, and solely for business use in conjunction with Your use of A-dec products purchased from A-dec or an authorized dealer, (i) You and Authorized Users may access and use the web platforms(s) associated with the Service solely in object code format on devices that You own or control in accordance with Documentation; and (ii) A-dec grants You and Authorized Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the mobile application(s) associated with the Service solely in object code format on mobile devices that You own or control in accordance with Documentation.

(b) Restrictions. Except and solely to the extent permitted by applicable law, notwithstanding these restrictions, You may not at any time, directly or indirectly and may not permit any other person or entity to: (i) reproduce, distribute, publicly display, or publicly perform the Service or any part thereof; (ii) reverse engineer, decompile, or make modifications to the Service or any part thereof (including but not limited to Materials); or (iii) interfere with or circumvent any feature of the Service or any part thereof (including but not limited to Materials), including any security or access control mechanism. If You are prohibited under applicable rule, law, or regulation from using the Service, You may not use it.

(c) Open-Source Software. The Service may include or incorporate Open-Source Components. Although the Service is provided to You subject to these Terms, nothing in these Terms will be deemed to prevent, restrict, or otherwise prevent or restrict You from obtaining such Open-Source Components under the applicable third-party licenses or to limit Your use of such Open-Source Components thereunder.

(d) Technical. You are solely responsible for obtaining, installing, maintaining, and operating all necessary software, hardware, and other equipment to use and access the Service. Your responsibility includes but is not limited to using up-to-date web browsers, antivirus, anti-spyware, and internet security software.

7. Reservation of Rights. A-dec reserves all rights not expressly granted to You in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to You or any third party any intellectual property rights or other right, title, or interest in or to the A-dec intellectual property.

8. Electronic Communications.

(a) Consent to Electronic Communications. By providing Us with Your contact information and using the Service, You agree to receive e-mail communications, SMS and other text messages, and push notifications (if enabled, which may be disabled by Your through mobile device settings) from or on behalf of A-dec in connection with the Service at the email address and/or telephone number You provide and/or the mobile device(s) on which You installed the mobile application(s) associated with the Service. Such communications may be (i) for informational purposes, such as to provide You with information You requested or respond to questions you have; (ii) to seek Feedback from You regarding the Service; or (iii) notifications, alerts, prompts, or reminders relating to software updates, equipment errors, or updates to products, services, or terms of service of A-dec. You agree that any notices, agreements, disclosures, or other communications that We send to You electronically will satisfy any legal communication requirements, including that those communications be in writing.

(b) Notifications, Alerts, Prompts, and Suggested Actions. A-dec may present You with notifications, alerts, prompts with links to additional information, or suggested actions based on A-dec’s analysis of Your User Content and other information You have provided to A-dec. The A-dec Grouop makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of such notifications, alerts, prompts, or suggested actions. You accept that any reliance on such will be at Your own risk, and the A-dec Group disclaims all liability arising from Your use of them or reliance upon them.

9. Prohibited Conduct. By using the Service, You agree NOT to, directly or indirectly, and may not permit any Authorized Users or any other person to violate the Acceptable Use Policy.

10. Security of Your Account. When You have registered an account, You are responsible for keeping secret the identifiers, passwords, and other access information associated with the account. As soon as You know or have reason to suspect that the identifiers, passwords, or other access information are no longer secret, or that the account is being abused or security has been compromised, You must notify A-dec immediately (using the contact information provided at Section 28) and take all necessary steps to prevent further unauthorized access including changing relevant identifiers, passwords, and other access information and taking other security measures. You are NOT permitted to (a) provide information to A-dec during account registration that is inaccurate, incomplete, or outdated; (b) create more than one account for the same individual user; or (c) share an account.

11. Third-Party Services and Linked Websites. Websites and services provided by third parties, including those to which the Service may contain a link, are not under Our control, and We are not responsible for any third-party services or content. A-dec does not endorse any information on linked sites or any associated organization, product, or services, unless We have expressly declared that we endorse a product or service (e.g., third-party products that we distribute).

12. Termination of Use; Discontinuation and Modification of the Service. You may terminate Your account at any time by following the prompts in the Service or by contacting A-dec Customer Service at customer.service@a-dec.com (within USA and Canada) or a-decglobal@a-dec.com (outside the USA and Canada). If You violate any provision of these Terms (including payment obligations, if any), Your permission from Us to use the Service will terminate automatically. In addition, A-dec may in its sole discretion terminate Your user account on the Service or suspend or terminate Your access and/or license to the Service at any time if You violate any provision of these Terms, if We no longer provide any part of the Service, or for another reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to You. To the fullest extent permitted by applicable law, the A-dec Group will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or use of the Service. Upon the termination of Your account, A-dec has no obligation to (but may) retain any User Content.

13. Additional Terms. Your use and the use by Authorized Users of the Service is subject to Additional Terms, such as end-user license agreements for any downloadable software applications, Our informed consent forms, if applicable, or rules that are applicable to a particular feature or element of the Service, subject to Section 14. All Additional Terms are incorporated by this reference into, and made a part of, these Terms (as applicable).

14. Modification of these Terms. We reserve the right, at Our discretion, to change these Terms at any time. The updated Terms will be published on Our website. If a change to these Terms modifies your rights and obligations, We may notify you of the modified Terms by email to the address You provided during account registration. Modifications are effective upon publication. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

15. Ownership; Proprietary Rights. The Service and Materials are protected by intellectual property (whether unregistered or registered or pending application for registration in any jurisdiction) and other laws and are the property of A-dec or Our third-party licensors. Except as expressly authorized by A-dec, You may not make use of the Materials, and A-dec reserves all rights to the Materials not granted expressly in these Terms. Nothing in these Terms is intended to transfer any intellectual property rights to You. You further undertake and agree not to assert any rights of title of intellectual property rights whether in law or equity in any jurisdiction.

16. User Content, Usage Data, and Product Data.

(a) User Content. Certain features of the Service may permit You or Authorized Users to upload or submit User Content to or store User Content on the Service and to publish or deliver these on or through the Service. The licensor retains any copyrights, moral rights, and any other proprietary rights held in the User Content that is posted to the Service. By posting or publishing User Content, You grant A-dec a worldwide, non-exclusive, royalty-free, fully paid up, unrestricted right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, modify, and distribute Your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed in connection with the Service. You and Your Organization are solely responsible for Your User Content and the consequences of posting or publishing it. By posting or publishing User Content, You affirm, represent, and warrant that: (i) You are the creator and owner, or have the necessary licenses, rights, consents, and permissions to authorize A-dec to use and distribute Your User Content in the manner contemplated by the Service, A-dec, and these Terms; (ii) Your User Content; and (iii) use of the Service as contemplated by these Terms does not and will not (x) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (y) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (z) cause the A-dec Group to violate any rule, law, or regulation, including laws related to the privacy of personal or health information. We are under no obligation to monitor, edit, or control User Content that You or other users post or publish and will not be in any way responsible or liable or for any failure to review or act upon User Content. However, A-dec may at any time and without prior notice, screen, remove, edit, or block any User Content that in A-dec’s sole judgment violates these Terms or is otherwise objectionable. To the fullest extent permitted by applicable law, You agree to waive, and do waive, any legal or equitable right or remedy You have or may have against the A-dec Group with respect to User Content. Except as otherwise expressly set forth in these Terms, the A-dec Group expressly disclaims any and all liability to the fullest extent permitted by applicable law. If notified by a user or content owner that User Content allegedly does not conform to these Terms, A-dec may investigate the allegation and determine in A-dec’s sole discretion whether to remove such content, which A-dec reserves the right to do at any time and without notice. Neither the A-dec Group nor licensees or licensors will bear any responsibility or liability for interruption to or non-performance of the Service or for loss or theft of any User Content, including personal information.

(b) User Content and De-Identified Data. A-dec may create and use de-identified data generated or derived from User Content for A-dec’s business and marketing purposes, subject to any applicable legal limitations on the use thereof. Such resulting data constitutes Materials owned exclusively by A-dec and is not User Content.

(c) User Data. You grant A-dec the right to monitor use of the Service and collect User Data. A-dec may use User Data to provide and improve the Service, the Materials, and other products and services, to help ensure compliance with these Terms, and as otherwise legally permitted for its business purposes. User Data constitutes Materials owned exclusively by A-dec. 

(d) Product Data. You grant A-dec the right to automatically monitor the use, operation, and status of A-dec products you associate with Your account through the Service and collect Product Data. A-dec may use Product Data to provide and improve the Service, the products, and other products and services and as otherwise legally permitted for its business purposes. Product Data constitutes Materials owned exclusively by A-dec.

17. Subcontractors. A-dec may engage third parties (including A-dec affiliates and subsidiaries) to perform, provide, or support the performance or provision of, all or any portion of the Service.

18. Feedback. If You choose to provide Feedback, then such Feedback constitutes Materials owned exclusively by A-dec. You grant A-dec an unrestricted, perpetual, irrevocable, worldwide, non-exclusive, fully paid up, royalty-free right and license (with the right to sublicense) to use such Feedback in any manner and for any purpose, including to improve the Service and/or A-dec products and create other products and services. To the extent You or Your Organization own any rights in and to the Feedback, then You and Your Organization assign and hereby assign to A-dec all right (including intellectual property rights), title, and interest in and to the Feedback and will perform all acts reasonably requested by A-dec to perfect and enforce such rights. A-dec is not required to use any Feedback.

19. Indemnity. To the fullest extent permitted by applicable law, You will defend, indemnify, and hold harmless any and all of the A-dec Group from and against any and all damages, liabilities, losses, fines, awards, penalties, obligations, judgments, and costs and expenses (including reasonable attorney fees) related to a Claim relating to or arising out of, in whole or in part, (a) Your access to, use of, or alleged use of, the Service; (b) Your breach of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable rule, law, or regulation; (d) Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (e) any dispute or issue between You and any third party; (f) fraud, intentional misconduct, criminal acts, or negligence committed by You; or (g) any and all allegations made by Your personnel, affiliates, subcontractors, and/or Authorized Users against Us in connection with the Service. To the fullest extent permitted by applicable law, We reserve the right, at Our own expense, to assume the exclusive defense and control of any Claim otherwise subject to indemnification by You (without limiting Your indemnification obligations with respect to that Claim), and in that case, You agree to cooperate with Our defense of that Claim.

20. Disclaimers; No Warranties.

THE SERVICE AND MATERIALS ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. A-DEC GROUP DISCLAIMS, AND YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICE AND MATERIALS, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; AND (C) ANY WARRANTY AS TO WHETHER THE MATERIALS, USER CONTENT, OR OTHER INFORMATION AVAILABLE THROUGH OR TRANSMITTED BY THE SERVICE OR MATERIALS IS TRUE, COMPLETE, OR ACCURATE. THE A-DEC GROUP DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE OR ANY MATERIALS WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE A-DEC GROUP, SERVICE, OR MATERIALS WILL CREATE ANY WARRANTY REGARDING ANY OF THE A-DEC GROUP, SERVICE, OR MATERIALS THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND MATERIALS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR DEVICES USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICE OR THE DOWNLOAD OR USE OF MATERIAL.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

21. Limitation of Liability.

IN NO EVENT WILL ANY OF THE A-DEC GROUP BE LIABLE TO YOU (OR ANY AFFILIATES, SUBSIDIARIES, EMPLOYEES, OR AUTHORIZED USERS) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, LOST DATA, REVENUES, OR PROFITS, GOODWILL, REPUTATION, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SERVICE, MATERIALS, OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MEMBER OF THE A-DEC GROUP HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. THE AGGREGATE LIABILITY OF THE A-DEC GROUP TO YOU (AND ALL AFFILIATES, SUBSIDIARIES, EMPLOYEES, AND AUTHORIZED USERS) FOR ALL CLAIMS AND ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR PRODUCTS USED IN CONJUNCTION WITH THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) FEES PAID TO A-DEC DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CAUSE OF ACTION, OR (B) $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS WILL OPERATE TO LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 21 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

22. Force Majeure. To the fullest extent permitted by applicable law, the A-dec Group will not be liable or responsible, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any obligations under these Terms, in whole or in part, when and to the extent such failure or delay is a result of a Force Majeure Event.

23. Governing Law and Venue. These Terms and Your use of the Service are governed by the laws of the State of Oregon without regard to conflict of laws principles. If a lawsuit or court proceeding is permitted under these Terms, then You and A-dec agree to submit to the exclusive jurisdiction of the state and federal courts located within Multnomah County, Oregon, for the purpose of litigating any dispute, and You hereby consent to the personal jurisdiction and venue thereof. We operate the Service from Our offices in the United States, and We make no representation that Materials included in the Service are appropriate or available for use in other locations.

24. General. These Terms, together with the Additional Terms, and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between You and A-dec regarding Your use of the Service. You may not assign or transfer these Terms or Your rights under these Terms, in whole or in part, by operation of law or otherwise, without Our prior written consent. We may assign these Terms at any time without notice or consent. Any failure to insist upon or enforce performance of any provision in these Terms will not be construed as a waiver of any provision or right. Any waiver by Us of any provision of these Terms, including any breach or default of these Terms, must be in writing and signed by Us. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any provision of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, except for Sections 5 (Payment), 6(a) (Software Use), and 8(a) (Consent to Electronic Communications), all Sections of these Terms as well as the A-dec Privacy Policy and any other accompanying agreements, will survive such termination.

25. No Class Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY ACTION YOU MAY HAVE RELATING TO OR ARISING OUT OF THESE TERMS OR THE SERVICE OR MATERIALS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

26. Time Limitation. To the fullest extent permitted by applicable law, no Action relating to or arising out of these Terms will be brought by You more than one (1) year after the accrual of the cause of Action. This period will not be extended for any reason, except by the written consent of A-dec. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived and no such statute or provision of law will operate to extend the period limited in this paragraph, to the fullest extent permitted by applicable law.

27. Contact Information. The Service is offered by A-dec. You may contact Us by emailing Us at customer.service@a-dec.com (within USA and Canada) or a-decglobal@a-dec.com (outside the USA and Canada), or writing to Us at A-dec Customer Service, Global Headquarters, 2601 Crestview Drive, Newberg, Oregon 97132 USA.

28. Definitions.

(a) “Action” means any claim, demand, allegation, suit, proceeding, investigation, or other cause of action.

(b) “A-dec” means A-dec, Inc.

(c) “A-dec Group” means A-dec and its affiliates and subsidiaries and its and their officers, directors, employees, consultants, representatives, licensors, and agents.

(d) “Additional Terms” means all additional terms, policies, rules, or guidelines to the extent applicable to the Service or certain features of the Service that We may post on or link to from the Service from time-to-time.

(e) “Authorized User” means each individual user of the Service permitted to use the Service by You, including personnel and other organizations and individuals.

(f) “Claim” means any third party (including a governmental authority) claim, demand, allegation, suit, proceeding, investigation, or other cause of action.

(g) “Documentation” means A-dec’s then-current usage guidelines and standard technical documentation.

(h) “Feedback” means feedback, comments, ideas, or suggestions about the functionality, use, operability, performance, or design of the Service or any A-dec products, including without limitation identifying potential errors or improvements.

(i) “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (i) acts of God; (ii) flood, fire, earthquake, pandemics, epidemics, quarantines, or explosion; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (iv) government order or law; (v) actions, embargoes, or blockades in effect on or after the date of this Agreement; (vi) action by any governmental authority; (vii) national or regional emergency; (viii) strikes, labor stoppages or slowdowns, or other industrial disturbances; (ix) shortage of adequate power or transportation facilities; (x) unauthorized access to A-dec information technology systems by third parties; or (xi) other causes beyond the reasonable control of A-dec.

(j) “Materials” means all visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, videos, content, information, Product Data, and other elements of, collected by (other than Your User Content), or made available or provided through the Service.

(k) “Open-Source Components” means third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components.

(l) “Organization” means the organization (i) that has purchased A-dec products from A-dec or an authorized dealer; (ii) by which you are employed or engaged; and (iii) for whose benefit you are using the Service.

(m) “Our” means A-dec, Inc.

(n) “Product Data” means data about the use or operation of A-dec products You or Authorized Users associate with Your account through the Service.

(o) “Service” means the A-dec web platform(s) and associated mobile application(s) made available and operated by Us.

(p) “Terms” means these Terms of Service and any other documents referenced herein.

(q) “Us” means A-dec, Inc.

(r) “User Data” means data about the use or operation of the Service by You and Authorized Users.

(s) “User Content” means any data, documents, materials, information, messages, reviews, text, images, and/or videos that You upload to and/or transmit through the Service.

(t) “You” or “Your” means the person using the Service and the Organization on whose behalf the person is using the Service.

(u) “We” means A-dec, Inc.