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Terms of Use

Last updated: May 10, 2012

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

1. Introduction

Welcome to HDDaccess.com (the “Site”) hosted by 3M. By using this Site, you signify that you have read, understand, and agree to be legally bound by these Terms of Use. 3M reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If 3M makes a material change to these Terms of Use, it will provide notice of that change by updating the "Last updated" date set forth above.

If you do not agree to abide by these or any future Terms of Use, your only recourse is to immediately cease use of the Site. If you continue to use the Site after any such changes, such continued use constitutes your acceptance of the new Terms of Use. 3M recommends that you review the Terms of Use each time you visit the Site to see if it has been updated since your last visit.

Violation (or attempted violation) of these Terms of Use, or any rule, license, guideline, or policy applicable to this Site, by yourself or a third party acting on your behalf, may result in, among other things, the termination or suspension of your rights to use the Site.

NOTE: THESE TERMS OF USE APPLY TO YOUR USE OF THE SITE. YOUR USE OF ANY SOFTWARE AND/OR CONTENT THAT YOU DOWNLOAD FROM THIS SITE WILL BE EXCLUSIVELY GOVERNED BY THE TERMS AND CONDITIONS THAT ARE APPLICABLE TO THAT SOFTWARE AND/OR CONTENT.

As used on this Site:

The term “3M” means 3M Company, its subsidiaries and affiliates, including 3M Health Information Systems, Inc.

The term “Comment” means any user-posted comment, statement, edit, feedback, suggestion, idea, concept, link, and other information, content, or materials posted on, transmitted through, or linked from the Site, either online or offline.

The term “Contribution” means any Contribution as defined in the Apache License, Version 2.0 applicable to the download and use of the HDD Software from this Site.

The term “Submission” means any Submission as defined in the HDD Content Download License applicable to the download and use of the Core HDD Content from this Site.

2. Your Conduct When Using This Site

You agree that you will, in good faith, use this Site solely and exclusively for the purposes for which it has been established. In doing so, you agree that you will not use the Site to:

  • Impersonate any person, organization or entity, or misrepresent your affiliation or association with any person, organization or entity.
  • Post or otherwise make available any Comment, Contribution or Submission that:
    • infringes any copyright, trade secret, patent, trademark or other proprietary rights of any party, or which you do not have a right to post, submit or otherwise make available under any law, contract, or fiduciary relationship.
    • discloses any health or medical-related information of any person that is prohibited from use or disclosure by federal, state or local law including, but not limited to, HIPAA and its implementing regulations.
    • has been forged or modified to disguise its origin.
    • contains any malicious code, program, or other internal component (e.g., computer virus, computer worm, computer time bomb, or similar component) which could damage, destroy, or alter software, firmware, or hardware, or which could, in any manner, reveal, damage, destroy, or alter any data or other information.
    • 3M determines, in its sole discretion, to be potentially false, inaccurate, misleading, defamatory, invasive of privacy, or otherwise offensive or objectionable.
  • Interfere with or disrupt this Site or others’ use of this Site.

You are entirely responsible for maintaining the confidentiality of your member name, password, and account, as well as activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of: (a) any breach by you of these Terms of Use; or (b) any Comment, Contribution or Submission you provide, including without limitation, any claim by a third party that your Comment, Contribution or Submission infringes or violates such third party's rights or interests. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

3. Comments, Contributions and Submissions

You understand and agree that all Comments, Contributions and Submissions are the sole responsibility of the person from whom they originated. The Site is and shall be under no obligation (a) to maintain any Comment, Contribution or Submission in confidence; (b) to store or maintain any Comment, Contribution or Submission, electronically or otherwise; (c) to pay any compensation for any Comment, Contribution or Submission or any use thereof; or (d) to respond to any user in connection with or to use any Comment, Contribution or Submission. 3M shall not be liable for any use, non-use, or disclosure of any Comment, Contribution or Submission. You represent that, regarding any Comment, Contribution or Submission contributed by you that: (a) it will not violate any right of any third party, including copyright, trademark, right of privacy, right of publicity, or other intellectual property, personal, or proprietary right(s); and (b) you are the owner of and/or have the right to provide it to us. You further represent that no such Comment, Contribution or Submission will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Comment, Contribution or Submission you make.

4. Property Rights

This Site is protected to the maximum extent permitted by national copyright laws and international treaties. Please review 3M’s DMCA Copyright Policy for copyright-related information.

5. Disclaimers

A. Disclaimer of Responsibility for Use

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 3M TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR YOUR USE OF THIS SITE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU UNDERSTAND AND AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR OTHER IMPLICATION TO YOUR YOURSELF, YOUR BUSINESS AND YOUR ORGANIZATION THAT RESULTS FROM YOUR USE OF THIS SITE, THAT 3M WILL HAVE NO SUCH RESPONSIBILITY AND THAT YOU WILL HOLD 3M HARMLESS FROM YOUR USE OF SUCH CONTENT.

B. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 3M DISCLAIMS ALL WARRANTIES OF ANY KIND APPLICABLE TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability

3M ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES THAT YOU MAY SUFFER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF 3M, ITS LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS, EXCEPT AS SPECIFICALLY PROVIDED HEREIN. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION OR NEGLIGENCE, SHALL 3M OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE EVEN IF 3M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

7. Links

This Site may provide, or third parties may provide, links to other World Wide Web resources. Because 3M has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site, or for your use of such sites. We have not taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. Your use of any content accessed by a link to a third-party site will be governed by the terms and conditions of usage applicable to such site.

8. Privacy

By using the Site you agree to our Privacy Policy. 3M may access, use, and disclose transaction information about your use of our Site, and any Comments, Contributions or Submissions transmitted by you via or in connection with our Site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to protect our rights or property; or to protect users of our Site from fraudulent, abusive, or unlawful use of our Site.

9. General

A. Agreement
These Terms of Use constitute the entire understanding between you and 3M and governs your use of the Site, superseding any prior agreements between you and 3M applicable to your use of this Site. You also may be subject to additional terms and conditions when you use third-party content or third-party software, or when you download materials, content or software that is accessible from this Site. 3M’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

B. Choice of Law and Forum
By visiting the Site, you agree that the laws of the United States and the State of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Use.

C. Dispute Resolution
THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE.

D. Mandatory Arbitration
YOU AND 3M AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THESE TERMS OF USE. YOU AND 3M ACKNOWLEDGE THAT THESE TERMS OF USE EVIDENCE A TRANSACTION IN INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION. TO INITIATE ARBITRATION, YOU OR 3M MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT ("NOTICE TO ARBITRATE"). SEND NOTICE TO ARBITRATE TO: 3M, ATTN: JOHN A. TAFT, 3M OFFICE OF INTELLECTUAL PROPERTY COUNSEL, 3M CENTER, BUILDING 220-9E-01, ST. PAUL, MN 55144-1000. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THESE TERMS OF USE WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS ARBITRATION RULES, AS MODIFIED BY THESE TERMS OF USE. INFORMATION CONCERNING THE AAA, ITS ARBITRATION RULES, AND OTHER INFORMATION CONCERNING ARBITRATION PROCEDURES AND FEES CAN BE FOUND BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEBSITE AT: http://www.adr.org.
ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR AND WILL TAKE PLACE IN ST. PAUL, MINNESOTA. YOU AND 3M WILL COOPERATE IN GOOD FAITH TO SELECT THE ARBITRATOR WITHIN THIRTY (30) CALENDAR DAYS OF THE COMMENCEMENT OF ANY ARBITRATION PROCEEDING. IF YOU AND 3M CANNOT AGREE UPON A NEUTRAL ARBITRATOR WITHIN THE THIRTY-DAY PERIOD, THEN EITHER PARTY MAY REQUEST THAT THE AAA APPOINT, IN ITS SOLE DISCRETION, A NEUTRAL ARBITRATOR. YOU AND 3M FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THESE TERMS OF USE, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR'S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO IN ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THESE TERMS OF USE ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. ALL ADMINISTRATIVE COSTS AND FEES OF THE ARBITRATION WILL BE BORNE EQUALLY BY YOU AND 3M. YOU AND 3M WILL EACH BEAR THE EXPENSES OF ITS OWN COUNSEL, EXPERTS, WITNESSES, AND THE PREPARATION AND PRESENTATION OF EVIDENCE IN CONNECTION WITH ANY ARBITRATION.

E. Waiver of Jury Trial and Class Actions
BY ENTERING INTO THESE TERMS OF USE, YOU AND 3M ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND 3M BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THAT IF ARBITRATION IS NOT CONDUCTED ON AN INDIVIDUAL BASIS, THIS SECTION WILL BE DEEMED NULL AND VOID. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THESE TERMS OF USE IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND 3M BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. THE PROCECURES HEREIN ARE EXCLUSIVE; HOWEVER NOTHING HEREIN SHALL PRECLUDE A PARTY FROM TAKING ANY ACTION NECESSARY TO PRECLUDE IMMINENT AND IRREPARABLE HARM.

F. Severability
If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.

G. Trademarks
All trademarks on the Site are either trademarks of 3M or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of 3M or their respective owners.

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