makermask.com terms and conditions - as viewed March 31, 2020, 11:41:09 a.m. EDT

makermask-tc.txt

https://www.makermask.com/terms-and-conditions.html
Maker Mask & RPrime Terms and Conditions
Last updated: March 29, 2020



The following are terms and conditions (“Terms and Conditions”)
of a legal agreement between you and RPrime Foundation, a Washington
State non-profit corporation based in Seattle, Washington and its
affiliates (collectively, “RPrime”, “we”, “us” or “our”).
These terms and conditions govern your use of the services, features,
and content we offer on our website (www.makermask.com) or elsewhere
(expressly including any 3-D file for printing a non-FDA approved
personal respiratory protective device (each, a “Maker Mask”)
(the “Services”)).

By using the Services, you acknowledge you have read, understood and
agree to be bound by these Terms and Conditions and to comply with all
applicable laws and regulations.  If you do not agree with these Terms
and Conditions, you should not use the Services.



1.  Services.

The Services are made available to you free of charge.  Due to the
extraordinary and urgent threat posed to public health and safety by
the COVID-19 coronavirus and with reference to Section 6005 of the
Families First Coronavirus Response Act (H.R.  6201) (which includes a
specific liability waiver for manufacturers of N95 personal respiratory
protective devices used on an emergency basis during the COVID-19
coronavirus outbreak between January 27, 2020 and October 1, 2024 without
clearance, approval or certification by the Food and Drug Administration
(“FDA”)), RPrime has developed and is 3-D printing/manufacturing,
and publicly releasing specifications for the 3-D printing/manufacture by
others of, the Maker Mask without clearance, approval or certification
of the FDA, the National Institute for Occupational Safety and Health
(“NIOSH”) or any other regulatory agency.



2.  Account Terms.

You represent and warrant that you are at least 18 years of age to
use these Services.  If you are under 18 years of age, you may use the
Services only with involvement of a parent or guardian.  Children under
13 years old are not allowed to use these Services.  We may, in our sole
discretion, refuse to offer the Services to any person or entity and
change its eligibility criteria at any time.  You are solely responsible
for ensuring that these Terms and Conditions are in compliance with all
laws, rules and regulations applicable to you and the right to access
the Services is revoked where these Terms and Conditions or use of the
Services is prohibited or to the extent offering, sale or provision of
the Services conflicts with any applicable law, rule or regulation.
Further, the Services are offered only for your use, and not for the
use or benefit of any third party.



To use some Services, you must register for an account on the Services
(an “Account”) or otherwise provide certain identification and contact
information.  You must provide current, accurate identification, contact,
and other information that may be required as part of the Account /
registration process and/or continued use of the Services, and you must
keep your Account / registration information updated.  You shall not:
(i) select or use as a username a name of another person with the intent
to impersonate that person; (ii) use as a username a name subject to any
rights of a person other than you without appropriate authorization; or
(iii) use, as a username, a name that is otherwise offensive, vulgar or
obscene.  You are responsible for maintaining the confidentiality of your
Services password (if any) and your Account, and are solely responsible
for all activities that occur on your Account.  You must notify us
immediately of any change in your eligibility to use the Services,
breach of security or unauthorized use of your Account.  You should never
publish, distribute or post login information for your Account.  We will
not be liable for any loss or damage from your failure to maintain the
security of your Account and password.  We reserve the right to refuse
service to or terminate service of anyone at any time without notice for
any reason.  You shall have the ability to delete your Account, either
directly or through a request made to one of our employees or affiliates.



3.  Accessing the Services.

You may access the Services via our website, which includes the required
3-D file and instructions for printing Maker Masks.

You expressly agree and acknowledge that, in connection with your use
of the Services, you will comply with all requirements of any applicable
bill of materials accompanying the Maker Mask.



4.  Warranty; Disclaimer; Assumption of Risk and Liability.

RPrime does not give any warranty regarding Maker Masks or the 3-D files
therefore and does not guarantee that Maker Masks will be fit for any
particular purposes.  Please inspect the Maker Masks after printing
for defects.

We have no special relationship with or fiduciary duty to you.
You acknowledge that we have no duty to take any action regarding: (a)
which users gain access to the Services; (b) what content you access
via the Services; or (c) how you may interpret or use the Services.

You release us from all liability for you having acquired or not
acquired content through the Services.  We make no representations
concerning any content (including without limitation 3-D files for the
Maker Mask) contained in or accessed through the Services, and we will
not be responsible or liable for the accuracy, copyright compliance,
or legality of material or content (including without limitation 3-D
files for the Maker Mask) contained in or accessed through the Services.



THE SERVICES AND CONTENT, ARE PROVIDED “AS IS”, “AS AVAILABLE”
AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH
ARE EXPRESSLY DISCLAIMED.  WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE
SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR
SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.  YOUR USE OF THE SERVICES
IS SOLELY AT YOUR OWN RISK.  SOME STATES DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Without limiting the generality of the foregoing, we assume no
responsibility or liability for the selection of materials used to print
any Maker Mask.  You maintain sole legal responsibility for the selection
of materials that fit the requirements of your specifications.

YOU UNDERSTAND THAT THE MAKER MASK HAS NOT BEEN CLEARED, APPROVED OR
CERTIFIED BY THE FDA, NIOSH, OR ANY OTHER REGULATORY AGENCY AS A SURGICAL
MASK OR RESPIRATOR, AND THEREFORE MAY NOT PROVIDE THE SAME LEVEL OF
BARRIER PROTECTION, FLUID RESISTANCE, FILTRATION, AND/OR INFECTION CONTROL
AS AN APPROVED RESPIRATORY PROTECTIVE DEVICE.  YOU FURTHER UNDERSTAND
THAT THE MAKER MASK SHOULD NOT BE CONSIDERED AN ADEQUATE REPLACEMENT
FOR A CONVENTIONAL AND APPROVED PERSONAL RESPIRATORY PROTECTIVE DEVICE.
YOU FURTHER  UNDERSTAND THAT, DUE TO THE EXTRAORDINARY AND URGENT
THREAT POSED TO PUBLIC HEALTH AND SAFETY BY THE COVID-19 CORONAVIRUS,
RPRIME HAS DEVELOPED AND IS 3-D PRINTING/MANUFACTURING, AND PUBLICLY
RELEASING SPECIFICATIONS FOR THE 3-D PRINTING/MANUFACTURE BY OTHERS OF,
THE MAKER MASK WITHOUT ANY FDA, NIOSH OR OTHER APPROVAL, AND YOU FULLY
ACCEPT THE RISK OF 3-D PRINTING, MANUFACTURING, DISTRIBUTING AND/OR
USING A MAKER MASK WITHOUT ANY SUCH APPROVAL.  YOU AGREE TO ASSUME ALL
RISK OF PERSONAL INJURY, SICKNESS OR LOSS, BODILY INJURY (INCLUDING
DEATH) OCCASIONED TO YOU OR ANY THIRD PARTY, DAMAGE TO OR LOSS OF, OR
DESTRUCTION OF ANY PERSONAL PROPERTY RESULTING FROM OR ARISING OUT OF
THE USE OF THE SERVICES OR ANY MAKER MASK, INCLUDING BUT NOT LIMITED TO
ANY FAILURE OF THE MAKER MASK TO PROTECT YOU OR ANY OTHER PERSON FROM
THE COVID-19 CORONAVIRUS OR OTHER INFECTIOUS DISEASE.

5.  Use of the RPrime Website.

Copyright and all other proprietary rights in the the Services rests
with RPrime or its licensors.  All rights in the Services not expressly
granted herein are reserved.  Except as otherwise provided, the content
published on our website may be reproduced or distributed in unmodified
form for personal, non-commercial use only, provided that it is attributed
to RPrime.  Any other use of the content, including without limitation
distribution, reproduction, modification, display or transmission without
the prior written consent of RPrime is unlicensed by RPrime.  You also
agree that you will not use any robot, spider, other automated device,
or manual process to monitor or copy any content from the Service.
Our rights include rights to (i) the Services developed and provided by
us; and (ii) all software associated with the Services.  All copyright
and other proprietary notices shall be retained on all reproductions.
Without in any way limiting the foregoing, we expressly consent to your
placement of any non-infringing name or mark on any Maker Masks you
print at your own risk.

The Website may provide links to other websites that are not under the
control of RPrime.  RPrime shall not be responsible in any way for the
content of such other websites.  RPrime provides such links only as a
convenience to you, and the inclusion of any link to any such websites
does not imply endorsement by RPrime of the content of such websites.

Since the Services are web-based, they might be subject to temporary
downtime.  From time to time we also update our website, which will result
in the website not being available for a certain period of time.  We will
endeavor to ensure that the website operates reliably and consistently,
but we do not warrant that the website will operate uninterrupted without
any faults.  We do not guarantee that any content will be made available
on the website or through the Services.  We reserve the right to, but
do not have any obligation to, (i) remove, edit or modify any content
(including without limitation any 3-D files for the Maker Mask) in our
sole discretion, at any time, without notice to you and for any reason
(including, but not limited to, upon receipt of claims or allegations
from third parties or authorities relating to such content or if we
are concerned that you may have violated these Terms and Conditions),
or for no reason at all, and (ii) to remove or block any content from
the Services.

We are not responsible for any losses suffered by you as a result of
any interruption of the website or by the suspension of your access to
the website.

6.  User Generated Content.

The term “User Generated Content” when used in these Terms and
Conditions shall mean any content uploaded to the website or the
Services by you, including but not limited to all comments on the
website.  All User Generated Content should not be or contain abusive,
harassing, threatening, defamatory, obscene, fraudulent, deceptive,
misleading, offensive, pornographic, illegal or unlawful information or
be likely to infringe or infringing on any intellectual property rights.
“Intellectual property rights” means copyright, patent, registered
design, design right, trademark, trade secret or any other proprietary
or industrial right.

RPrime has no obligation to review the User Generated Content and can in
no way be held responsible for the content of the User Generated Content.
Opinions expressed in the User Generated Content are not necessarily
the opinion of RPrime.

Please note that we do not seek any unsolicited ideas or improvements for
RPrime Services and that any unsolicited ideas or improvements you submit
are deemed User Generated Content and licensed to us as set forth below.
In addition, RPrime retains all of the rights held by members of the
general public with regard to your unsolicited ideas and improvements.
RPrime’s receipt of your unsolicited ideas and improvements is not an
admission by us of their novelty, priority, or originality, and it does
not restrict RPrime’s right to contest existing or future intellectual
property rights relating to your unsolicited ideas and improvements in
any way.

By submitting User Generated Content through the Services or website,
you hereby do and shall grant us a worldwide, non-exclusive, royalty-free,
fully paid, sublicensable and transferable license to use, edit, modify,
reproduce, distribute, prepare derivative works of, display, perform,
and otherwise fully exploit the User Generated Content in connection with
the website, the Services and our (and our successors’ and assigns’)
businesses, including without limitation for promoting and redistributing
part or all of the website or the Services (and derivative works thereof)
in any media formats and through any media channels (including, without
limitation, third party websites and feeds).  You also hereby do and shall
grant each user of the website or the Services a non-exclusive license to
access your User Generated Content through the website or the Services,
and share your User Generated Content on blogs and social media, provided
such sharing prominently links back to the RPrime website.  For clarity,
the foregoing license grants to us and our users do not affect your other
ownership or license rights in your User Generated Content, including
the right to grant additional licenses to your User Generated Content,
unless otherwise agreed in writing.  You represent and warrant that
you have all rights to grant such licenses to us without infringement
or violation of any third-party rights, including without limitation,
any privacy rights, publicity rights, copyrights, contract rights,
or any other intellectual property or proprietary rights.

8.  Consent to Use of Personal Data.

By using our Services you agree that RPrime may collect and use personal
data about you in a manner consistent with applicable law and any
published privacy policy of RPrime.

9.  Third-Party Services.

The Services may permit you to link to other websites, services or
resources on the internet, and other websites, services or resources may
contain links to the Services.  When you access third party resources on
the Internet, you do so at your own risk.  These other resources are not
under our control, and you acknowledge that we are not responsible or
liable for the content, functions, accuracy, legality, appropriateness
or any other aspect of such websites or resources.  The inclusion of any
such link does not imply our endorsement or any association between us
and their operators.  You further acknowledge and agree that we shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with the use
of or reliance on any such content, goods or services available on or
through any such website or resource.

11.  Release; Indemnification.

YOU RELEASE, WAIVE, INDEMNIFY, HOLD HARMLESS AND DISCHARGE RPRIME,
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS,
REPRESENTATIVES AND VENDORS, FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, DAMAGES AND INJURIES IN ANY WAY ARISING OUT OF YOUR USE OF
THE SERVICES, INCLUDING YOUR OR ANY OTHER PERSON’S USE OF ANY MAKER
MASK, OR OTHERWISE FROM YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR
INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY
IN CONNECTION WITH THE SERVICES, OF ANY INTELLECTUAL PROPERTY OR OTHER
RIGHT, CLAIM OR ACTION, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY
OR PROPERTY DAMAGE.  THE FOREGOING INDEMNIFICATION IS NOT LIMITED, AND
INCLUDES ANY LIABILITY OR PAYMENT (INCLUDING COSTS AND ATTORNEYS’ FEES)
BY REASON OF ANY DAMAGES OR BODILY INJURY (INCLUDING DEATH) SUSTAINED
BY ANY PERSON ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE
SERVICES, INCLUDING YOUR OR ANY OTHER PERSON’S USE OF ANY MAKER MASK.
WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY
MATTER SUBJECT TO INDEMNIFICACTION BY YOU, IN WHICH EVENT YOU WILL ASSIST
AND COOPERATE WITH US IN ANY AVAILABLE DEFENSES.

12.  Limitation of Liability.

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, CONTRACTORS,
AGENTS, PARTNERS, OR VENDORS, BE LIABLE UNDER ANY CONTRACT, TORT,
STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH
RESPECT TO THE SERVICES (I) FOR ANY LOSS OF INCOME, LOSS OF PROFITS,
LOSS OF CONTRACTS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL,
PUNITIVE, COMPENSATORY OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND
(HOWSOEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT
DAMAGES (INCLUDING DIRECT DAMAGES SUFFERED BY THIRD PARTIES), EXPRESSLY
INCLUDING PERSONAL INJURY, SICKNESS OR LOSS, BODILY INJURY (INCLUDING
DEATH) OCCASIONED TO YOU OR ANY THIRD PARTY, DAMAGE TO OR LOSS OF, OR
DESTRUCTION OF ANY PERSONAL PROPERTY RESULTING FROM OR ARISING OUT OF
THE USE OF THE SERVICES OR ANY MAKER MASK, INCLUDING BUT NOT LIMITED TO
ANY FAILURE OF THE MAKER MASK TO PROTECT YOU OR ANY OTHER PERSON FROM
THE COVID-19 CORONAVIRUS OR OTHER INFECTIOUS DISEASE.



13.  Applicable Law.

These Terms and Conditions and the use of our Services shall be governed
by the laws of the State of Washington, USA without regard to the
conflicts of law principles thereof that would apply the law of any
jurisdiction other than the State of Washington, USA.  You agree that
any and all disputes arising from or relating to the subject matter of
these Terms and Conditions, including disputes relating to the validity
thereof, and any disputes related to the use of the Services, shall
be governed by the exclusive jurisdiction and venue of the federal and
state courts located King County, Washington, USA.

14.  Entire Agreement.

The terms in these Terms and Conditions, any disclaimers shown on
our website as well as any applicable terms, conditions, policies,
requirements or limitations contained in the Services constitute the
exclusive and complete agreement between RPrime and you.  RPrime will not
be bound by, and specifically rejects, any term, condition, obligation, or
other provision which is different from or in addition to the provisions
of these Terms and Conditions or which may be in any order, receipt,
acceptance, confirmation, correspondence or other document.

15.  Miscellaneous.

(a) Force Majeure.  We shall not be liable for any failure to perform our
obligations hereunder where such failure results from any cause beyond
our reasonable control, including, without limitation, mechanical,
electronic or communications failure or degradation.

(b) Assignment.  These Terms and Conditions are personal to you, and
are not assignable, transferable or sublicensable by you except with
our prior written consent.  We may assign, transfer or delegate any of
our rights and obligations hereunder without consent.

(c) Agency.  No agency, partnership, joint venture, or employment
relationship is created as a result of these Terms and Conditions and
neither party has any authority of any kind to bind the other in any
respect.

(d) Notices.  Unless otherwise specified in these Term and Conditions,
all notices under these Terms and Conditions will be in writing and will
be deemed to have been duly given when received, if personally delivered
or sent by certified or registered mail, return receipt requested;
when receipt is electronically confirmed, if transmitted by facsimile
or email; or the day after it is sent, if sent for next day delivery
by recognized overnight delivery service.  Electronic notices should be
sent to legal@makermask.com.

(e) No Waiver.  Our failure to enforce any part of these Terms and
Conditions shall not constitute a waiver of our right to later enforce
that or any other part of these Terms and Conditions.  Waiver of
compliance in any particular instance does not mean that we will waive
compliance in the future.  In order for any waiver of compliance with
these Terms and Conditions to be binding, we must provide you with written
notice of such waiver through one of our authorized representatives.

(f) Headings.  The section and paragraph headings in these Terms
and Conditions are for convenience only and shall not affect their
interpretation.

(g) Feedback.  Since we always want to further improve our Services,
we welcome all comments, suggestions, recommendations and feedback
(collectively, the “Feedback”).  You hereby grant to us a world-wide,
royalty free, irrevocable, perpetual license to use and otherwise
incorporate any Feedback in connection with the Services.

16.  Contact Information.

If you have any questions regarding these Terms and Conditions or the
Services, you can contact us by sending an email to legal@makermask.com.

17.  Changes to These Terms.

We reserve the right to change these Terms and Conditions from time
to time and will post any revisions on our website and may also
provide notice to you through the Services or via email.  Therefore,
we encourage you to check the website often to read the latest version.
All transactions are subject to the Terms and Conditions in effect at
the time of the transaction.