Bespoke Modeling - Terms of Service

Updated:  August 29, 2013
The Bespoke Modeling service ("Service") you ("You" or "Your") are about to procure from 3D Systems, Inc. ("3D Systems") is subject to the terms and conditions contained herein ("Agreement").  Your access to the Service is expressly conditioned on Your acceptance of all terms and conditions of this Agreement.
BY CLICKING AND ACTIVATING THE (I) "I AGREE TO 3D SYSTEMS’ TERMS AND CONDITIONS" CHECKBOX IN THE REGISTRATION PAGE, YOU ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND (II) "I REVIEWED AND ACCEPTED 3D SYSTEMS’ PRIVACY POLICY AND HAVE PRINTED A COPY FOR MY RECORDS" CHECKBOX ON THE SAME PAGE, YOU ACKNOWLEDGE RECEIPT OF OUR PRIVACY POLICY.  IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCEPT THE AGREEMENT AND THE MEMBERSHIP PROCESS AND YOUR RIGHT TO ACCESS THE SERVICE WILL TERMINATE.
IF THIS AGREEMENT IS CONSIDERED AN OFFER, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS CONTAINED HEREIN. ONCE YOU HAVE SUCCESSFULLY REGISTERED FOR THE SERVICE YOUR CONTINUED USE OF THE SERVICE SHALL ALSO CONSTITUTE YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Changes To This Agreement
We may change the terms of this Agreement in our sole discretion by posting a new version to the Services.  You may choose to accept or decline changes by closing, continuing or discontinuing use of the Services.  But, in any event, Your use of the Services after we make any changes will constitute your agreement to such changes.
Use of the Service
By registering for the Service, You certify that You are at least 18 years of age.
You agree that the information You provide during the registration process, and the information You provide from time to time while using the Service, will be true, accurate, and current.  It is a violation of federal criminal laws to knowingly or willfully obtain healthcare information from a consumer under false pretenses.  If 3D Systems has any reason to suspect You have provided untrue, inaccurate, or non-current information it may, in its sole discretion, terminate this Agreement (or suspend, terminate, or otherwise restrict Your use of and access to any part(s) of the Service) at any time, without notice.  You may use the Service to store Your medical images and other materials ("Records") that the Services are capable of accepting and rendering (and which may change from time to time).  You may authorize others to access Your Records through the Service solely at Your own risk and discretion.  3D Systems assumes no responsibility for anyone to whom You permit access.  You may choose, at your sole discretion and risk, to contribute to the public Your images that are included in Your Records, in which case we will endeavor to remove identifiable personal information attached to those images, but we cannot guarantee the success of such effort.
Behavior
Subject to Your compliance on a continuing basis with all of the terms and conditions of this Agreement, including modifications to this Agreement, 3D Systems hereby grants You a personal, worldwide, royalty-free, non-exclusive, non-assignable, permission to use the Services only as set forth in this Agreement so long as all applicable subscription fees are paid, and provided that:
1.    You will not copy or distribute any part of the Services in any medium without 3D Systems' prior written authorization;
2.    You will not alter or modify any part of the Services other than as expressly authorized and then only for such express purpose;
3.    You will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Services, the proper operation of the Services, or enforce limitations on use of the Services, or interfere with any activity being conducted on the Services;
4.    You will not violate any laws, third party rights, or 3D Systems' policies; 
5.    You will not distribute or post spam, chain letters, links to external websites (unless each such link has been expressly approved by 3D Systems in advance), pyramid schemes, viruses or any other technologies that may harm 3D Systems, or the interests or property of 3D Systems’ users or any false, misleading, or inaccurate information;
6.    You will not try to obtain passwords to other users' accounts, nor will You try to access accounts or data that is not Yours on the Service.
3D Systems does not promise any performance, availability, speed, error free, accuracy of the Service or its suitability for any need.  3D Systems reserves the right to modify or delete any data or portion of the Service at any time.
In order to access the Services, You will have to create a membership account.  You may never use another's account, username or password without his/her permission.  You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure.  You must notify 3D Systems immediately of any breach of security or unauthorized use of Your account.  3D Systems will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of 3D Systems or others due to such unauthorized use.  You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Services in a manner that sends more request messages to the 3D Systems servers in a given period of time than a single human can reasonably produce in the same period by using a conventional on-line web browser.  You agree not to collect or harvest any personally identifiable information, including account names, from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes.  3D Systems reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in 3D Systems' sole discretion, violates this provision, including without limitation, reporting You to law enforcement authorities.
Payment and Termination
By paying the subscription fee and as long as you are a customer of 3D Systems, you are granted a right to use the 3D Systems Service (the "Service") subject to the restrictions set forth in this agreement and communicated by us to you via other means.
1.    By selecting 3D Systems as a service and utilizing it, you agree to pay for the service in accordance with our subscription fees and to continue paying the subscription fee until you cancel your account with 3D Systems.
2.    Payment for the initial subscription fee for the Service must be made as soon as it is requested by the web site.  Subsequent payments will be automatically charged by the Service at the beginning of each new billing cycle.
3.    3D Systems may revise its fees with a 30 days written notice.  Such new fees will not affect your account during your existing billing cycle and will only apply at the next billing cycle.
4.    You must supply 3D Systems with current and complete information to register and use the Service.
5.    You can cancel the subscription at any time in which case renewal of your subscription will not take place.  Upon cancellation, your account will remain active through the end of your current billing cycle and then deactivated.
6.    In case of termination for any reason, any and all of the data associated with your account may be destroyed by 3D Systems without recovery within sixty (60) days of deactivation.
Orders for 3D Printed Objects
The Services provide You the option of ordering custom 3D printed objects based upon the models or data in Your Records.  The pricing for the various 3D print options will be available within the Service, and the total pricing, including shipping and applicable taxes will be provided on the order pages.  All prices are in U.S. dollars (USD).  If you pay in a different currency, the currency conversion will be handled by our payment service provider or the credit card company.  You agree to pay the prices applicable to products ordered through the Service using Your membership to the Service.
3D Systems will send you an order confirmation to the email specified in Your membership.  The order will be effective as of the date on which the order confirmation is sent to You.  If an order cannot be accepted, 3D Systems will contact You via email.  You are responsible for verifying the correctness of details in the confirmation email, and You should notify us as soon as possible regarding any errors in the confirmation email.  Orders may be tracked using Your membership or through emails that are sent to you during the order process.  Orders will be delivered to the shipping address specified in the order.  3D Systems will use reasonable efforts to ship the product within ten (10) business days after confirmation; however, any shipment and delivery times provided shall be estimates, and 3D Systems is not liable for any damage or cost caused by delay in shipping or delivery.  All orders are shipped Ex Works using FedEx International Economy or UPS Express Saver services.
Because of the custom nature of 3D printed objects, which are printed on demand, orders may not be canceled after production of the object has begun.
Warranty Disclaimer
Your membership to the Service is provided as a tool for managing Your Records, however, it does not offer a guarantee of information or accuracy.  You should not rely on the Service as the only tool or means of storing or managing Your Records, and You should ensure that You store and maintain complete copies at another location.
THE SERVICE IS PROVIDED 'AS IS' AND WITHOUT WARRANTY OF ANY KIND.  3D SYSTEMS, AND ITS REPRESENTATIVES, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NON-INFRINGEMENT.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING WARRANTY DISCLAIMER, NEITHER 3D SYSTEMS, NOR ANY OF ITS REPRESENTATIVES, SUPPLIERS, OR LICENSORS MAKES ANY WARRANTIES OF ANY KIND WITH RESPECT TO THE INFORMATION PROVIDED TO YOU OR BY YOU, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR INACCURACY OF SUCH INFORMATION.  FURTHER AND WITHOUT LIMITING THE FOREGOING, 3D SYSTEMS, AND ITS REPRESENTATIVES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES REGARDING:
1.    ANY SECURITY MEASURES THAT ARE EMPLOYED BY 3D SYSTEMS WILL SUCCESSFULLY PROTECT ANY INFORMATION,
2.    ANY THIRD PARTY TO WHOM YOU PROVIDE ACCESS TO YOUR RECORDS OR DATA THROUGH THE SERVICES WILL MAINTAIN ANY INFORMATION (INCLUDING YOUR PERSONAL INFORMATION), RECORDS, AND RELATED DATA IN CONFIDENCE, OR OTHERWISE NOT DISCLOSE SUCH INFORMATION TO THIRD PARTIES, OR 
3.    COMPLIANCE WITH ANY SPECIFIC LAW RELATING TO PROTECTION OF YOUR INFORMATION (INCLUDING, WITHOUT LIMITATION, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, OR ANY RULE OR REGULATION OF THE FEDERAL DRUG ADMINISTRATION).
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Liability Limitation
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL 3D SYSTEMS OR ITS REPRESENTATIVES, SUPPLIERS, LICENSORS, OR ANY THIRD-PARTY LINKED THROUGH THIS AGREEMENT OR THE SITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM USE OF THE SERVICE.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICTLIABILITY, OR OTHERWISE, SHALL 3D SYSTEMS OR ITS REPRESENTATIVES, SUPPLIERS, LICENSORS, OR ANY THIRD-PARTY LINKED THROUGH THIS AGREEMENT OR THE SITE BE LIABLE FOR ANY AMOUNT IN EXCESS, IN THE AGGREGATE, OF ONE HUNDRED US DOLLARS ($100).  THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF 3D SYSTEMS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Service Testing
From time to time, 3D Systems tests various aspects of the service, including the website, user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Indemnity
You shall indemnify and hold harmless 3D Systems and its officers, directors, employees, agents, licensors, suppliers, representatives and any other third-party provider of information or services available through the Service or otherwise available from 3D Systems from and against all claims, liabilities, damages and expenses, including, without limitation, reasonable attorneys' fees and expenses, resulting from Your use of the Service, any access You provide to any third party (including, without limitation, any service provider such as a radiologist), or any other products or services available from or through 3D Systems or any violation of this Agreement by You.
Entire Agreement
This Agreement, the Privacy Policy, and any linked exhibits, attachments and supplements identified herein by 3D Systems (collectively, the 'Documents') constitute the entire agreement between You and 3D Systems with respect to Your Service membership.  In the event of a conflict between any of the Documents, the terms and conditions of this Agreement shall control.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.  The failure of 3D Systems to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit 3D Systems’ rights with respect to such breach or any subsequent breach or other violation of this Agreement.  Any waiver, amendment, supplement or other modification of any provision of this Agreement by 3D Systems will be effective only if in writing and signed or expressly authorized by an executive officer of 3D Systems.  No attempted modification or amendment of this Agreement by You will be effective unless and until it is acknowledged and agreed in a writing executed by a senior officer of 3D Systems.
This Agreement is personal to You and may not be assigned or transferred without 3D Systems’ consent and any action or conduct in violation of the foregoing shall be void and without effect.  3D Systems expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder without Your consent.  This Agreement shall be governed by and construed under New York law, without regard to its choice of law principles.  Except as otherwise expressly provided in this Agreement, all disputes arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services, Inc.("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving complex commercial contract disputes, who may or may not be selected from the appropriate list of JAMS arbitrators.  If the parties cannot agree upon the identity of the arbitrator within fifteen (15) days following the date, then a single arbitrator shall be selected on an expedited basis in accordance with the Arbitration Rules and Procedures of JAMS.  Any arbitrator so selected shall have substantial experience in complex commercial contract disputes.  Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.  Notwithstanding the foregoing, each party shall have the right to institute injunctive or other forms of equitable relief at any time in any court of competent jurisdiction.  For all purposes of this Section, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the State of New York.