Is your face mask approved for use in a healthcare environment?
There are a lot of questions and uncertainties facing healthcare organizations right now regarding personal protective equipment (PPE). This is especially so for face masks and respirators given the limited supply and need to import products internationally. Daily we’re helping clients answer similar questions to one another:
What rating is approved? I thought KN95 masks were good, why are they not now? Who is authorized to manufacture masks for my work environment?
This post is intended to help sort out all these questions…and more! Read on to get the full picture on authorized masks, or if you’re just looking for a quick answer on whether your facepiece supply is ok to use in your healthcare environment, check out our simple decision tree download:
Over the last few weeks the FDA has been evaluating available personal protective equipment (PPE). Last week they released a statement modifying some of their previous recommendations based on new testing of available products.
The revised FDA recommendations are specific to healthcare environments. The below FAQ aims to help answer some of the common questions surrounding face masks and respirators for healthcare organizations.
Click the question below to expand more details
Why was there a change in KN95 mask authorization?
The National Institute for Occupational Safety and Health (NIOSH) is conducting ongoing testing of available PPE products on the market. Recent test results showed that several products previously approved did not meet the minimum particulate filtration efficiency of 95 percent.
Is there an easy indicator to check if my masks and respirators are approved to use?
The gold standard for facepieces and respirators is an N95 NIOSH certified facepiece. Masks that have been certified by NIOSH will have two clear indicators on the product (see image below for reference):
NIOSH Name or Logo: You will see “NIOSH” in block letters or with the NIOSH logo (as seen in the image below).
What if my masks are not listed on any of the currently approved product lists?
You can submit a small sample of your product to verify its efficiency. The results will not yield a NIOSH certification, but will validate whether your masks meet the efficiency criteria claimed on your packaging.
NIOSH (National Institute for Occupational Safety and Health) is the United States federal agency responsible for conducting research and making recommendations for the prevention of work-related injury and illness.
NIOSH certified masks, respirators and facepieces mean that the product has been tested and confirmed that it meets the filtering efficiencies noted in the product’s rating (example: N95 meets a minimum 95% particulate efficiency level).
I don’t work in a healthcare setting; do I need an N95 or KN95 mask?
Due to limited availability of approved PPE products for the healthcare industry, the CDC has provided guidance that non-healthcare employees and citizens use alternative protective measures including cloth face masks, social distancing, washing hands, and regularly cleaning and disinfecting surfaces to conserve and extend the availability of approved masks for healthcare professionals.
Inspired Results, Inc., an Oregon corporation (the “Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website www.inspirenw.com (the “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
On the Website.
In e-mail, text and other electronic messages between you and the Website.
Through mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and the Website.
It does not apply to information collected by:
Us offline or through any other means, including on any other website operated by the Company or any third party; or
Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Children Under the Age of 13
The Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Website or on or through any of its features, nor register on the Website, make any purchases through the Website, use any of the interactive or public comment features of the Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at Support@inspirenw.com.
Information We Collect About You and How We Collect It
We may collect several types of information from and about users of the Website, including information:
By which you may be personally identified, such as name, postal address, e-mail address, telephone number, age, sex, or [ANY OTHER INFORMATION THE WEBSITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW – THIS SHOULD REFLECT REGISTRATION AND OTHER DATA REQUESTED] (“Personal Information”);
We collect this information:
Directly from you when you provide it to us, including, but not limited to registration of your user account, use of the services provided through the Website, and other similar means.
Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses and information collected through cookies, and other tracking technologies.
From third parties, for example, our business partners.
Information You Provide to Us
The information we collect on or through the Website may include:
Information that you provide by filling in forms on the Website. This includes information provided at the time of registering to use the Website, subscribing to our service, posting material, including the creation of Personal Rules, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Website.
Records and copies of your correspondence (including e-mail addresses), if you contact us.
Your search queries on the Website.
You also may provide information to be published or displayed (“posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with the Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and related patterns, including:
Details of your visits to the Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system and browser type.
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize the Website according to your individual interests.
Speed up your searches.
Recognize you when you return to the Website.
The technologies we use for this automatic data collection may include:
Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To present the Website and its contents to you.
To provide you with information and/or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account or subscription for services, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to the Website or any products or services we offer or provide though it.
To allow you to participate in interactive features on the Website.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form).
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
To our subsidiaries and affiliates.
To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about the Website users is among the assets transferred.
To third parties to market their products or services to you if you have consented to or not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To fulfill the purpose for which you provide it. For example, if you give us an e-mail address to use a feature of the Website, we will transmit the contents of that e-mail and your e-mail address to the intended recipients.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law or legal process, including to respond to any government or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form). You can also always opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to Support@inspirenw.com.
Promotional Offers from the Company. If you do not wish to have your e-mail address or other contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form) or at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to Support@inspirenw.com. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by checking the relevant box located on the form on which we collect your data (the registration form). You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an e-mail stating your request to Support@inspirenw.com.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page.
You may also send us an e-mail at Support@inspirenw.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Your California Privacy Rights
California Civil Code Section §1798.83 permits users of the Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to Support@inspirenw.com.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
TERMS AND CONDITIONS OF USE OF INSPIRED RESULTS WEBSITE
BY SELECTING THE “I AGREE” BUTTON, YOU: (i) ARE OVER THE AGE OF EIGHTEEN ARE ENTERING INTO A LEGALLY BINDING CONTRACT THAT IS VALID AND ENFORCEABLE UNDER A VARIETY OF STATE AND/OR FEDERAL STATUTES AND THE COMMON LAW; (ii) HAVE THE POWER AND AUTHORITY TO ENTER INTO AND PERFORM YOUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS; (iii) AGREE TO BE BOUND BY AND COMPLY WITH ALL TERMS AND CONDITIONS SET FORTH HEREIN; (iv) HAVE PROVIDED ACCURATE AND COMPLETE INFORMATION; AND (v) CONSENT TO RECEIVING THESE TERMS AND CONDITIONS AND ALL DOCUMENTS AND DISCLOSURES INCORPORATED BY REFERENCE IN ELECTRONIC FORM.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE AND CONTENT. Should you object to any term or condition, or any subsequent modifications or become dissatisfied with the Content or Website in any way, your only recourse is to immediately discontinue use of the Content and Website. The Company has the right, but is not obligated, to strictly enforce any term or condition through self-help, active investigation, litigation and prosecution. You agree that the Company failure to enforce any right or requirement that you comply with any obligation contained in these terms and conditions is not a waiver of any right or obligation and will not support any claim of waiver of any other right or obligation.
2. Changes and Modifications
3. Limited License
You agree to use this Website only for your own personal and non-commercial use except with our permission. We do not grant you a license to use this Website for any other purpose. Without limiting the generality of the foregoing, you may not distribute any part of the Content over any network, including a local area network, nor sell or offer it for sale.
All rights in the product names, company names, trade names, logos, product packaging, and designs of all of our (or any third-party) products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Website confers on you any license or right under any patent or trademark of any third party.
4. Incorporation of Other Documents
5. Content of Postings
As an account holder in the Website, users have an opportunity to publish, submit, or otherwise post information (“Conversation Content”). You understand that the Company does not guarantee any confidentiality with respect to any List you submit. Please note that your user ID will appear each time you List. While we advise against listing any personal information, should you do so, please use the utmost in care.
You agree that none of your Conversation Content will: (i) infringe on the intellectual property, trade secret, privacy, or publicity rights of others; (ii) contain false statements or misrepresentations that could damage the Company or any third party;(iii) include unlawful, obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, racially or ethnically objectionable, profane, vulgar, or embarrassing material, as determined by the Company in its sole discretion; and/or (iv) be illegal or otherwise objectionable to the Company.
You further agree that Conversation Content you submit to the Website will not contain third-party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to the Company all of the license rights granted herein. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and the Company will remove all Conversation Content if properly notified that such Content infringes on another’s intellectual property rights. The Company reserves the right to remove Content without prior notice. Breach of such warranty permits the Company to bring legal action.
You further understand and acknowledge that you may be exposed to Conversation Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Website.
You agree to allow the Company to store or re-format the Content you submit on the Website and display your Content on the Website in any way the Company deems advisable.
6. Use of Website
You agree that you will only access the Website through the interfaces we provide. You agree not to “hack” or reverse-engineer the Website, take any action that could have the effect of damaging the Website or its security, or interfere with other users’ use of the Website. You also agree not to cause or allow any computerized or mechanical process to access or to collect content from the Website, or to send unsolicited or unlawful e-mail, to or through the Website or with reference to the Website. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
You understand that all information, such as data files, written text, audio files or other sounds, photographs, videos or other images, which you may have access to as part of, or through your use of, the Website are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Posted Content”.
You should be aware that Posted Content presented to you as part of the Website, including but not limited to advertisements in the Website and sponsored Content within the Website may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to the Company (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the Company or by the owners of that Posted Content, in a separate agreement.
7. Username and Password
In order to access some features of the Website, you may be required to register or create an account with the Company. If at any time you chose to register or create an account with the Company, the additional terms and conditions set forth below will apply. The Company reserves the right to remove or reclaim a username if we believe appropriate.
The Company reserves the right to refuse service to anyone at any time without notice for any reason.
When creating your account, you must provide accurate and complete information. You are solely responsible for all activities that occur on your account, and you are solely responsible for keeping your account password confidential. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. While the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
You may never use another’s account without permission. You must notify The Company immediately by contacting Support@inspirenw.com as soon as you know of, or suspect any breach of security or unauthorized use of your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
8. Collection of Personal Information
The Company is not responsible for the content or practices of any website or destination other than the Website, even if it links to the Website and even if the website or destination is operated by a company affiliated or otherwise connected with the Company. By using the Website, you acknowledge and agree that the Company is not responsible or liable to you for any content or other materials hosted and serviced from any website or destination other than the Website.
Any dealings you have with advertisers, purchasers or buyers found while using the Website are between you and that party, and you agree that the Company is not liable for any loss or claim that you may have against that party.
The Company reserves the right to terminate this Agreement at any time and for any reason including, but not limited to, breach or suspected breach of any of these terms and conditions. Upon termination by the Company, you must immediately cease using the Content and Website. You may also terminate this Agreement at any time by ceasing use of the Content and Website. The Company may also suspend or discontinue the Content and Website without notice.
Notwithstanding the Company termination rights, the Company may also establish limits concerning use of the Content and Website, including the maximum number of days that Content will be retained by the site and the frequency with which you may access the Content and Website.
The following Sections shall survive any termination or expiration of this Agreement: 1, 5, 6, 7, 8, 9, 13, 14, 15, and 16.
12. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company designated Copyright Agent to receive notifications of claimed infringement is Ater Wynne LLP, Attn: Ernest G. Bootsma, 1331 NW Lovejoy, Suite 900, Portland, Oregon 97209, firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Company customer service through Support@inspirenw.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the state and federal courts in Multnomah County, Oregon, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company sole discretion.
13. Disclaimer Of Warranties
THE CONTENT AND WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CONTENT AND WEBSITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE CONTENT AND WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR COMPLETELY COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. THE COMPANY SHALL NOT BE LIABLE FOR ERRORS, OMISSIONS, VIRUSES, DELAYS OR INTERRUPTIONS IN THE CONTENT AND WEBSITE CAUSED BY ANY REASON, INCLUDING NEGLIGENCE OR FAILURE TO ACT OF THE COMPANY. YOU HEREBY ACKNOWLEDGE THAT THE CONTENT AND WEBSITE MAY BECOME UNAVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE WEBSITE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, OR ANY OTHER CAUSE REASONABLY BEYOND THE CONTROL OF THE COMPANY. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.
THE CONTENT AND WEBSITE COMPILES INFORMATION PROVIDED BY THIRD PARTIES AND THE COMPANY GIVES NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED TO THE COMPANY OR THE COMPANY’S REPRODUCTION THEREOF.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. Limitation of Liability
IN NO EVENT SHALL THE COMPANY AND (AS APPLICABLE) THE COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, ATTORNEYS FEES OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS LIABILITY LIMIT APPLIES EVEN IF THE COMPANY OR A THIRD-PARTY ACTED NEGLIGENTLY.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE COMPANY AND (AS APPLICABLE) THE COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
16. General Terms
Governing Law And Venue. These terms and conditions are deemed to be made and executed in Oregon, and shall be governed by, construed and enforced in accordance with the laws of the state of Oregon, exclusive of conflicts of law provisions.
You and the Company each agree that any and all disputes or claims that have arisen or may arise between you and the Company shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. The arbitration shall be conducted by Arbitration Services of Portland, Inc. or a similar entity chosen by the Company.
No Waiver. The failure of the Company to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
No Assignment. These terms and conditions may not be assigned or transferred by you.
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