Privacy Policy

Mimic Technologies is committed to safeguarding your privacy. We understand the importance of privacy to our customers and visitors to our web site. This Privacy Policy describes how we handle the personal information that you provide to us.

Please be sure to read this Privacy Policy before using or submitting information to us. This Privacy Policy is subject to change from time to time, so please check back periodically. By accessing and using this web site or Mimic devices, and by providing us with your information, you agree to be bound by this Privacy Policy.

Your Information

Mimic Technologies provides you with the opportunity to contact us about questions you may have about our products and/or services. Mimic Technologies also provides you with the opportunity to view useful information about yourself or your institution. As part of these processes, Mimic Technologies collects personally identifying information, such as names, street or e-mail addresses, phone numbers, or any other information which, when used by itself or with other data, might identify a customer or visitor to our web site individually. To protect your safety, you should not provide Mimic Technologies with any personal information that is not specifically requested. We will use the information you provide to respond to any direct question you ask, and we may also use this information to offer you the opportunity to receive notices regarding Mimic Technologies products or services and to further personalize your experience on our site. Personal identifying information is used only for our legitimate business interests, including complying with applicable laws and regulations. We may share your personal information with our affiliates, business partners, and other limited and carefully screened third parties. We may share your personal information with approved administrators and educators at your institution, in accordance with your institution’s policies. We may also provide aggregate statistics about our customers, sales, online traffic patterns and related information to reputable third parties, but these statistics will not include any personally identifying information.

Cookies

As part of offering and improving our services, we may use “cookies” to store and sometimes track information about our online customers and users. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. Cookies can make use of the web easier by saving status and preferences about a web site. Some parts of our web site where you are prompted to log-in or that are customizable may require that you accept cookies. Cookies by themselves cannot be used to find out the identity of any user. Most browsers are initially set to accept cookies but users can change the setting to refuse cookies or to be alerted when cookies are being sent.

Disclosure

By giving Mimic Technologies your personal identifying information, you grant Mimic Technologies, and its affiliates and subsidiaries the right to use this information for reasonable business purposes and in manner consistent with the policies of Mimic Technologies and applicable state and federal laws. Information provided to Mimic Technologies by you is not subject to the privacy rule promulgated under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) but may be subject to the requirements of privacy laws or regulations adopted by your state of residence. We do not sell, rent or disclose your personal identifying information or medical information to any third party, except as described in this Privacy and Security Policy. We may contract with reputable vendors to assist us in processing information or delivering the items that our customers order. These vendors are restricted from using or selling the information for any purpose, other than helping us to provide the products and services. Finally, if disclosure of any information is required by law or by an appropriate government authority, we will comply accordingly.

Children

We understand the need to protect children’s privacy online (we define “children” as minors younger than 13). We do not knowingly collect or use any personal information from children. We do not knowingly allow children to register with us, order our products, communicate with us, or to use any of our online services.

Your Control

You may, at any time, remove your personal identifying information from our current customer database or devices. If you have submitted personal identifying information to Mimic Technologies, and you wish to have it removed from our records, please e-mail us at support@mimicsimulation.com.

Third-Party Web Beacons

We use Google Analytics to help analyze where visitors go and what they do while visiting our website. Anonymous information about your visits to this and other websites may be used by Google in order to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by Google, click here.

Your Use

By using this web site, you agree not to disrupt or intercept our electronic information posted on this web site or on any of our servers. You also agree not to attempt to circumvent any security features of our web site, and to abide by all applicable, local, state, federal and international laws. Additionally you agree to receive email messages and announcements from Mimic Technologies and Mimic Technologies partners.

MScore Portal Terms & Conditions of Use

The MScore Portal is a Social Network operated by Mimic Technologies, Inc., (“Mimic Technologies”). The MScore Portal is designed to comply with U.S. laws and regulations. This is a binding agreement (“Agreement”) between Mimic Technologies, Inc. and you (“You” or “Your”). This Agreement governs Your use of the MScore Portal including, without limitation, all content such as text, information, images, video, training materials, blogs, forums, software and other information, services and materials (collectively, the “Materials”) and all information made available to You or by You through the MScore Portal by Mimic Technologies and/or third parties.

1. OWNERSHIP OF MATERIALS AND USE LICENSE

The Materials on the MScore Portal are provided by individual users of the MScore Portal and not by Mimic Technologies unless indicated otherwise. All intellectual property rights in the Materials (including copyrights, trademarks, trade secrets and patents) are the property of the author or user posting the Materials unless otherwise indicated. Mimic Technologies retains all copyrights in the individual pages, and their components, and collective works available at the MScore Portal. Mimic Technologies Materials posted by Mimic Technologies or users are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. Mimic Technologies Materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed other than on the MScore Portal without Mimic Technologies’s prior written permission. The MScore Portal contains Mimic Technologies trademarks. A partial current listing of trademarks in which Mimic Technologies claims exclusive trademark rights may be found here. All other names and trademarks are the property of their respective holders. The technology described in the MScore Portal is covered by one or more pending U.S. and foreign patent applications. Any unauthorized use of any Materials or information on the MScore Portal may violate patent, copyright, trademark, and other laws. Any use of the MScore Portal shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions: You may not, without express permission from Mimic Technologies, the author or the user posing the Materials: (a) modify the Materials or use them other than on the MScore Portal for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble or make derivative works of the Materials; (c) remove any confidentiality, privacy, patent, copyright, trademark or other proprietary notices from the Materials; (d) transfer the Materials to another person or entity in manners inconsistent with these Terms of Use and current Mimic Technologies policies. You agree to prevent any unauthorized copying of the Materials or information.

2. CONDITIONS OF USE AND TERMS

To access the MScore Portal or use any Materials on the MScore Portal, You must (a) be a user of a Mimic technologies simulation product (b) be an administrator of a Mimic technologies simulation product. Prior to the use of the MScore Portal, You must create a user profile on a Mimic Simulation product and that product is connected to the internet. You will be asked to provide i the following: (i) Your name; (ii) Your email address (iii) a password; and (iv) other confirmatory demographics. By submitting that information to Mimic Technologies, You hereby certify all assertions made under this Section and agree that You authorize Mimic Technologies to confirm the veracity of such information. Mimic Technologies may terminate this use license at any time if You are in breach of the terms of this Agreement. Upon termination, You agree to immediately destroy any Materials in your possession, if any, and cease use of the MScore Portal. Mimic Technologies may terminate this Agreement and/or Your right to use the MScore Portal at any time, with or without cause. Mimic Technologies reserves the right to discontinue or make changes to the MScore Portal and/or Materials at any time.

3. MODIFICATION TO TERMS

MIMIC TECHNOLOGIES RESERVES THE RIGHT, AT ANY TIME, TO CHANGE THE TERMS PROVIDED BY THE MScore Portal, EFFECTIVE IMMEDIATELY UPON POSTING ON THE MScore Portal OR BY E-MAIL DELIVERY TO YOU. You agree to be bound by this Agreement and any modifications to this Agreement occurring prior to Your continued use of the Materials or access to the MScore Portal. You should visit this Agreement from time to time to review the current terms of this Agreement because they shall be equally binding on You. You agree that these standards for notice of amendments to this Agreement are reasonable.

4. SECURITY

The MScore Portal is intended by Mimic Technologies to require a valid, working e-mail address and password to access and use the Materials on the MScore Portal. Certain other Materials or functionalities on the Site may require additional access codes. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, “ID(s)”) assigned to you, (2) not allowing another person to use your IDs to access the Site, (3) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing Mimic Technologies in writing of any need to deactivate an ID due to potential or actual security concerns. Mimic Technologies is not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access and use the MScore Portal using Your ID.

5. MEDICAL DISCLAIMERS

The Materials available through this Site are for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Neither the content nor any other service offered by or through the MScore Portal is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that Mimic Technologies, Inc. is not responsible or liable for any claim, loss, or damage arising from the use of the information. Mimic Technologies does not recommend, promote or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” prescription drug or medical device uses or other information that may be mentioned on the MScore Portal. Your reliance upon the Materials obtained or used by You at or through the MScore Portal is solely at Your own risk.

These pages are not intended to provide medical advice or physician instruction on the appropriate use of products produced or supplied by Mimic Technologies, its affiliates, related companies, or its licensors or joint venture partners. Information provided should not be used for diagnostic or training purposes. Surgeons or others who are considering using robotic-assisted surgery or any other type of surgical procedure shall only do so after successfully completing required medical training and certification as well as the relevant training mandated in the professional guidelines of their own hospital, institution, or society — including training on the use of robotic surgical platforms. Some of the Materials on the MScore Portal may constitute or describe training programs provided by organizations or entities other than Mimic Technologies, and Mimic Technologies is not responsible for the content of these programs. Mimic Technologies does not train on surgical procedures or techniques, nor does it take responsibility for training or proctoring services provided by independent surgeon proctors.

6. GENERAL DISCLAIMERS

THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. MIMIC TECHNOLOGIES ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE MScore Portal MATERIALS (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. Mimic Technologies and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL MIMIC TECHNOLOGIES, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT AND MATERIALS; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES; OR (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS, MESSAGE BOARDS OR USER COMMENTS;; OR (5) ANY OTHER ACT OR FAILURE TO PERFORM BY MIMIC TECHNOLOGIES OR MIMIC TECHNOLOGIES’S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER MIMIC TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, MIMIC TECHNOLOGIES SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND MIMIC TECHNOLOGIES AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $50.00. YOU AND MIMIC TECHNOLOGIES AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND MIMIC TECHNOLOGIES. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, MIMIC TECHNOLOGIES WOULD NOT PROVIDE YOU WITH ACCESS TO THE MScore Portal.

8. INDEMNITY

You agree to defend, indemnify and hold Mimic Technologies, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Mimic Technologies’s reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized, improper or unlawful use of the MScore Portal, and the Materials, and (3) the unauthorized, improper or unlawful use of the MScore Portal by any other person using Your ID.

9. USER SUBMISSIONS

General: Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or post to the MScore Portal will be considered non-confidential and non-proprietary (“Communications”). As between You and Mimic Technologies, You retain rights in any Materials or Communication you post to the MScore Portal. Mimic Technologies and its designees will be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. Mimic Technologies and its designees shall be free to use and/or transfer without restriction any ideas, concepts, know-how or techniques, whether patented or not, contained in such Materials or Communications for any purpose whatsoever including, but not limited to, using, developing, manufacturing, selling and marketing products and services incorporating such information. You are prohibited from posting or transmitting to or from the MScore Portal any Material relating to or promoting any off-label use of any medical device or prescription drug, including but not limited to application of off-label “tags” to posted content that may improperly imply off label applicability from an MScore Portal search result. You are prohibited from posting or transmitting to or from the MScore Portal any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Mimic Technologies expressly reserves the right to remove any Material from the MScore Portal at any time and for any reason, including but not limited to any Materials related to off-label use of medical devices or prescription drugs or any Materials alleged to be infringing any third-party rights pending further investigation. Any attempt to obtain unauthorized access or to exceed authorized access to the MScore Portal shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Mimic Technologies hereby notifies You that any or all communications with the MScore Portal can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Mimic Technologies in its sole discretion and without further notice.

Mimic Technologies will promptly address any copyright owner’s written notice that Materials infringe that third party’s copyrights, provided that the notice substantially complies with the requirements in the Mimic Technologies DMCA notice. If you do not promptly remove the Content specified in the notice, Mimic Technologies may remove the Content without any liability to You or to any User that posted such Content. Mimic Technologies maintains and enforces a policy of terminating the access of Users who are repeat copyright infringers.

10. COOPERATION WITH GOVERNMENT AUTHORITIES

If necessary and in accordance with applicable law, Mimic Technologies will cooperate with local, state, federal, international and/or worldwide government authorities to protect the MScore Portal, visitors, customers, members, Mimic Technologies, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, to prevent unauthorized or unlawful use of this MScore Portal.

11. LINKS TO OTHER MATERIALS

The linked sites are not necessarily under the control of Mimic Technologies and Mimic Technologies is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. Mimic Technologies reserves the right to terminate any link or linking program at any time. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Mimic Technologies reserves the right to request any web site administrator to disable or remove any link that violates any rights of Mimic Technologies or causes interruption to the MScore Portal or deterioration of Materials on the MScore Portal.

12. APPLICABLE LAWS

The MScore Portal is managed by Mimic Technologies from its offices within the States of Washington. Mimic Technologies makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. You may not use or export the Materials in violation of United States export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of California.

13. ENTIRE AGREEMENT

This Agreement, including the Privacy Policy, and any other Mimic Technologies policy which is incorporated herein by this reference, contains the entire agreement between You and Mimic Technologies relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. Mimic Technologies reserves the right to make changes to this Agreement at any time without advance notice as described in Section 3.

14. MISCELLANEOUS

Sections 1-15 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. You may not assign Your rights under this Agreement without Mimic Technologies’s prior written permission. Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement.

If You object to any material found on this Site, please bring Your concerns to the attention of xxxxxxxxxxxxx. Mimic Technologies expressly reserves the right to remove any Material from the MScore Portal at any time and for any reason, including but not limited to any Materials related to off-label use of medical devices or prescription drugs or any Materials alleged to be infringing any third-party rights pending further investigation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.

15. Mimic Technologies Privacy Policy

Mimic Technologies is committed to safeguarding your privacy online. Mimic Technologies’s Privacy Policy can be found here. Please be sure to read these Privacy Policies before using or submitting information to us. These Privacy Policies are subject to change from time to time, so please check back periodically. Your use of the MScore Portal is subject not only to these Privacy Policies, but also to the MScore Portal’s Terms of Use. By accessing and using this web site or any of our other web sites through this web site, and by providing us with your information, you agree to be bound by these Privacy Policies.

16. Third-Party Web Beacons

We use Google Analytics to help analyze where visitors go and what they do while visiting our website. Anonymous information about your visits to this and other websites may be used by Google in order to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by Google, click here.

17. Notification of Claims Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Mimic Technologies’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”) in writing at:

Legal Department
Mimic Technologies, Inc.

Please provide our Agent with the following Notice:

Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the MScore Portal that you claim is infringing, with enough detail so that we may locate it on the MScore Portal;

A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

Your address, telephone number, and email address;

Your physical or electronic signature.

Mimic Technologies will remove the infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).