Terms of Use

I. GENERAL PROVISION

The Masimo Foundation for Ethics, Innovation, and Competition in Healthcare (“Foundation”) owns and operates masimofoundation.com (“Site”), located on servers in the United States. By visiting and/or using this Site, you agree to the Terms of Use (“Terms of Use” or “Agreement”), as amended from time to time. This Agreement contains conditions of use, disclaimers, and other provisions, some of which limit our liability to you. If you do not agree to these Terms of Use or cannot form a legally binding contract, you are not permitted to use this Site.

II. SUBMISSIONS & RESTRICTIONS ON USE

You agree that you are responsible for any submissions you make on this Site. You shall not submit unlawful, defamatory, abusive, obscene, or offensive material. You agree that you will not submit anything to the Site that will or may violate any rights of a third party, including but not limited to copyright, trademark, and/or privacy rights. You agree that you shall not place false or misleading information on this Site or upload any viruses, Trojan horses, worms, time bombs, or other computer programs that may interfere with the proper operation of this Site.

III. COPYRIGHT & TRADEMARK

Unless expressly noted otherwise, all materials on this Site are protected by copyright, trademarks, service marks, and/or other intellectual property rights held by the Foundation, its initiatives, affiliates, or other parties that have allowed the Foundation to use their materials. All rights not expressly granted are reserved.

IV. LINKS TO OTHER SITES

Links on this Site may connect you to other websites that are not related to the Foundation or under its control. The appearance of links to other sites does not imply an affiliation or endorsement of any of those websites or of any entities associated with or supporting any of those websites, and you access other websites at your own risk.

V. PRIVACY POLICY

The Foundation’s Privacy Policy is committed to help you understand how the Foundation uses information that is collected from your computer and the information you submit to the website on your visits to this Site. Our Privacy Policy is part of these Terms of Use and is incorporated fully herein. To review our Privacy Policy separately, please visit www.masimofoundation.org/privacy-policy.htm.

VI. MODIFICATION

The Foundation may modify any of these Terms of Use, including our Privacy Policy, at any time, for any reason, by making changes to the Terms and/or these postings. Your continued use of this Site, after such modifications, constitutes acceptance of such modifications.

VII. DISCLAIMER OF WARRANTIES & LIABILITIES

The Foundation does not guarantee that the functions and contents contained in or on the Site will be without errors, that this Site will be free of viruses, or that any Site defects will be corrected, even if the Foundation is aware of them.

VIII. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Foundation, its affiliates, initiatives, members of its Board, employees, and agents from any and all losses, damages, liabilities, and costs of every nature incurred by any of them in connection with any claim, damage, or loss related to your unlawful, unauthorized, and /or inappropriate use of this Site or any materials contained on this Site.

IX. JURISDICTION

Any dispute rising from these Terms of Use, including our Privacy Policy, shall be construed and enforced in accordance with the laws of the State of California without regard to the principles of conflicts of law. You acknowledge and agree that the courts of the State of California located in Orange County shall have exclusive jurisdiction over any and all such disputes, that you shall submit to that jurisdiction and those courts, and that you expressly waive any and all rights you may have, or that may hereafter arise, to contest the propriety of such choice of jurisdiction and venue, including issues of forum non convenience.

X. RELEASE

In the event that you have a dispute with one or more other users of the Website, you release the Foundation (and our officers, trustees, directors, employees, agents, successors and assigns) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

XI. TERMINATION

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

XII. ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between the user and the Foundation and supersede any prior understandings or agreements (written or oral).

XIII. USER GENERATED CONTENT AND SITE ACTIVITIES

A. Site Activities. The Site is provided “as is” and when available, and we may change all content, functionality and services in our discretion at any time.  We may also do this for particular activities even if you have started to participate. For example, we can change a job or grant description at any time even if you have already applied, and not all jobs or grants may be posted at all or on the Site. Also, we or a third party might make a mistake and we reserve the right to correct anything, including but not limited to Content or assistance on the Site. For example, we may correct, change, withdraw or do anything else with a job or grant description even if you have already taken action based on it. 

B. No Commissions. We do not want to deal with persons desiring to be paid by the Foundation unless we intentionally enter into an express contract to do so. This means, for example, that we do not pay commissions or other sums to anyone who helps arrange a job, grant or anything else unless we have expressly contracted to do so in writing prior to any such arrangement. For example, if you submit an application for someone else without entering into such a contract with us, we will not pay you (or anyone else) a commission or other amount even if we accept the application, hire the person or make the grant etc. We may also use, delete or ignore any information you provide without paying you anything and without undertaking any duties to you or anyone else.

C. Privacy and Information Security Policy, INCLUDING CONSENT TO INTERNATIONAL DATA TRANSFERS & DISCLOSURE (“Privacy Policy”) Our Privacy Policy is part of these Terms and is incorporated herein. DO NOT PROVIDE, OR ALLOW OTHERS TO PROVIDE, PERSONAL INFORMATION ABOUT ANYONE UNLESS YOU, ON YOUR OWN BEHALF AND ON BEHALF OF ANYONE WHOSE INFORMATION YOU PROVIDE: (A) HAVE REVIEWED AND AGREE WITH THE PRIVACY POLICY, AND (B) ARE AUTHORIZED TO, AND DO, CONSENT TO HAVE ALL DATA USED AND TRANSFERRED INTERNATIONALLY

THE USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE TERMS OF USE, INCLUDING THE FOUNDATION’S PRIVACY POLICY