Terms & Conditions

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.

BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/13/2017. Updated July 15, 2019.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with General Musculoskeletal Imaging, Inc. (DBA: MSK Masters) located at PO Box 479, Harrison OH 45030, and our subsidiaries and affiliates, in association with the use of the MSK Masters website, which includes https://www.mskmasters.com, (the “Site”) and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is a news and information website small business which has the following description:

To educate healthcare professionals and education faculty in musculoskeletal sonography techniques and protocols for diagnosis and treatment, including the guidance of the placement of bio-cellular products. MSK Masters provides resources and training opportunities for these purposes.

Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.

The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and videos, and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of GMI, Inc., hereto referred to as MSK Masters.

At its discretion, MSK Masters may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. MSK Masters does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that MSK Masters shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, such as the posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect.

Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such MSK Masters shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the MSK Masters Online Privacy Policy (see the full Privacy Policy at https://mskmasters.com/privacy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by MSK Masters and/or our subsidiaries and affiliates.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable.CONTENT

Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; andd) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

CONTRIBUTIONS TO COMPANY WEBSITE

MSK Masters provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

a) your contributions do not contain any type of confidential or proprietary information;

b) MSK Masters shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;

c) MSK Masters shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;

d) the contributor’s Contributions shall automatically become the sole property of MSK Masters; ande) MSK Masters is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY

All users herein agree to insure and hold MSK Masters, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of

MSK Masters Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to MSK Masters’ sites

MODIFICATIONS

MSK Masters shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that MSK Masters shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

LINKS

Either MSK Masters or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that MSK Masters shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that MSK Masters’ Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by MSK Masters or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on MSK Masters Services (e.g. Content or Software), in whole or part.

MSK Masters herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by MSK Masters for use in accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF MSK MASTERS SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. MSK MASTERS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

b) MSK MASTERS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) MSK MASTERS SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) MSK MASTERS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE MSK MASTERS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF MSK MASTERS SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM MSK MASTERS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVESHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MSK MASTERS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID

DAMAGES MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE;

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.RELEASE

In the event you have a dispute, you agree to release MSK Masters (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. MSK Masters’ content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. MSK Masters and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

NOTICE

MSK Masters may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the MSK Masters trademarks, copyright, trade name, service marks, and other MSK Masters logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of MSK Masters. You herein agree not to display and/or use in any manner the MSK Masters logo or marks without obtaining MSK Masters’ prior written consent.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

MSK Masters will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, MSK Masters may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

c) A description of the location of the site which you allege has been infringing upon your work;

d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The MSK Masters Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:

MSK Masters

Attn: Copyright Agent

PO Box 479, Harrison OH 45030

Telephone: 513-760-1694

Email: [email protected]

CLOSED CAPTIONING

BE IT KNOWN, that MSK Masters complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at www.mskmasters.com.

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and MSK Masters and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to MSK Masters Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other MSK Masters Services, affiliate Services, third-party content or third-party software.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and MSK Masters with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Ohio without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and MSK Masters, shall be filed within the courts having jurisdiction within the County of Hamilton County, Ohio or the U.S. District Court located in said state. You and MSK Masters agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should MSK Masters fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.VIOLATIONPlease report any and all violations of this TOS to MSK Masters as follows:

Mailing Address:

MSK Masters

PO Box 479, Harrison OH 45030

Telephone: 513-760-1694

Email: [email protected]

PAYMENT PLANS

Certain courses offered by MSK MASTERS provide the option for learners to select a payment plan ("Payment Plan") in lieu of a one-time payment.

Nature of Agreement: The Payment Plan is NOT a cancellable subscription service. Instead, it is a financial agreement to pay the total course fee in multiple installments, in accordance with the terms set forth herein.

Term of Payments: Payments under the Payment Plan will be billed monthly and shall continue for the term initially agreed upon at the time of purchase, which is generally six (6) months, unless otherwise specified.

Missed Payments and Course Access:

Single Missed Payment: If a single payment is not received by the due date, access to the course shall be temporarily suspended until all due payments are brought current.

Consecutive Missed Payments: If two (2) consecutive payments are missed, access to the course shall be permanently suspended, and the user may be subject to additional penalties, as allowed by law.

No Refunds: No refunds shall be offered or provided for any payments made under the Payment Plan outside of our 72 hour refund policy.

By choosing the Payment Plan option, you agree to be bound by these Payment Plan Terms and Conditions.

COURSE SUBSCRIPTIONS

When offered, all course subscriptions are sold on a month to month basis, and you can cancel at any time. Billing will be based on the date you subscribed. If you need to cancel a subscription, please go to the 'My Account' page to cancel.

Note, all course materials will be removed immediately upon cancellation and no refunds are available for subscriptions or unused time.

REFUND POLICY ON COURSE PURCHASES

72-Hour Refund Policy:

All course purchases from MSK Masters are subject to a seventy-two (72) hour refund policy ("Refund Period").

Request for Refund:

To qualify for a refund, the purchaser must request a refund either:

- By phone, dialing 513-800-2030 or

- By email, directed to [email protected],

within the Refund Period.

Revocation of Access:

Upon approval and processing of the refund, all access rights to the purchased course shall be immediately revoked.

Deduction for Printed Materials:

If the purchased course included any printed materials, the cost of such printed materials will be deducted from the refund amount until and unless such materials are returned to MSK Masters in like-new condition.

Shipping Costs

Initial Shipping:

Free shipping is included for any printed materials sent within the United States of America. Shipping outside the United States of America is not included.

Return Shipping: The cost of return shipping for any printed materials is the responsibility of the purchaser and is not covered by MSK Masters.

By making a course purchase, you agree to be bound by this Course Purchase Refund Policy.

WORKSHOP OR HANDS-ON TRAINING EVENTS

CANCELLATION AND REFUNDS

Refunds will not be considered unless a written request is mailed to the MSK Masters office and postmarked at least 30 days in advance of the event. Attendee is not permitted to cancel this Agreement except with the written consent of MSK Masters where there is a permitted cancellation under paragraph (a) above, MSK Masters is entitled to retain a percentage of the amount of the Event Price, as liquidated damages for losses incurred as a result of the cancellation, as follows:

- 80% of the Event Price will be refunded for cancellation made more than 3 months prior to the start date of the Event; or

- 50% of the Event Price will be refunded for cancellation made more than 30 days in advance of the event start date.

There will be no refund for cancellations made on or 30 days or less in advance of the event start date.

If MSK Masters cancels the Event, a full refund (100%) of the event price will be made to the attendee. Attendee acknowledges that MSK Masters may, in its discretion, rearrange, postpone, change venue, or make any other reasonable alteration to the Event, and that this Agreement shall remain binding upon the parties.

LIABILITY WAIVER

I agree and acknowledge that I am undertaking participation in the MSK Masters educational events and activities as my own free and intentional act, and I am fully aware that possible physical injury might occur to me as a result of my participation in these events. I give this acknowledgement freely and knowingly and that I am, as a result, able to participate in MSK Masters educational events, and I do hereby assume responsibility for my own well-being. I also agree not to allow any other individual to participate in my place.

PHOTOGRAPHS

I agree and acknowledge that MSK Masters may take photographs, videos at any MSK Masters educational and/or training event and utilize them in MSK Masters educational, news or promotional material, whether in print, electronic or other media, including the MSK Masters website. By participating in MSK Masters events, I grant MSK Masters the right to use my name, photograph and biography for such purposes without compensation to me.

By registering for any MSK Masters event, you agree to these terms and conditions.