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CA Sharps Registration Terms and Conditions

BY COMPLETING THIS SHARPS MAIL-BACK INITIATION REGISTRATION APPLICATION (“REGISTRATION”), YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. YOU AFFIRM THAT IF YOU REGISTER ON BEHALF OF AN AGENCY, ORGANIZATION, OR ENTITY (“BUSINESS”), YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH BUSINESS TO THESE TERMS AND THAT, UPON COMPLETION OF THIS REGISTRATION, THE BUSINESS ON WHOSE BEHALF YOU HAVE COMPLETED THIS REGISTRATION AND ITS AUTHORIZED PERSONNEL SHALL BE BOUND BY THESE TERMS.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

YOU MAY NOT REGISTER ON THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH MED-PROJECT CA, LLC, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the registration for initiating distribution of Sharps Mail-Back Packages for In-Scope Purchases by Ultimate Users and the receipt of printed educational materials (“Printed Materials”). Pre-paid, pre-addressed containers, envelopes, or other packages provided by MED-Project for the collection and disposal of home-generated Sharps waste are (“Sharps Mail-Back Packages”) and, together with the Printed Materials, are distributed through the california@med-project.org (the "Site") (collectively, the “Services”) to Ultimate Users either by your initiation of Sharps Mail-Back Package distribution or your providing of Printed Materials to Ultimate Users in accordance with these Terms. “In-Scope Purchases” include, consistent with “Applicable Laws” (defined below), purchases by an Ultimate User of any of the following: Sharps, Covered Drugs sold with or including a Sharp, and Covered Drugs sold for use with a Sharp; but excluding the items identified in Cal. Pub. Res. Code § 42030(l)(2). “Sharps,” “Covered Drugs,” and “Ultimate Users” are defined in Cal. Pub. Res. Code § 42030.

These Terms are subject to change by MED-Project CA, LLC (referred to as “MED-Project”, "us", "we", or "our" as the context may require) without prior written notice, at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Site. You (referred to as “you”, or “your”) should review these Terms prior to ordering or initiating for distribution any product or Services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Terms of Use that apply generally to the use of the Services. You should also carefully review our Privacy Policy before completing the Registration or initiating an order for a Sharps Mail-Back Package or Printed Materials.

In consideration for MED-Project providing you with the opportunity to initiate distribution of Sharps Mail-Back Packages at our Site and authorizing you to distribute Printed Materials to Ultimate Users for In-Scope Purchases in accordance with the Terms of Use, which are hereby incorporated by reference, you agree to the following:

  1. Authorization. Subject to the restrictions and obligations set forth in these Terms and the Terms of Use, MED-Project hereby authorizes you to initiate distribution of Sharps Mail-Back Packages through our website and to distribute Printed Materials to Ultimate Users at the location(s) associated with your Registration. You agree to ensure compliance with these Terms and the Terms of Use by your personnel and anyone you allow to access, handle, or assist in the initiation of distribution of Sharps Mail-Back Packages or distribution of Printed Materials (Your “Authorized Personnel”). You shall bear sole responsibility for any non-compliance by your Authorized Personnel and any violation of these Terms or the Terms of Use by your Authorized Personnel shall be deemed to have been committed by you.
  2. Shipping and Delivery. We will arrange for shipment of the Printed Materials to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  3. Defects and Destruction of Printed Materials. We will not accept a return of the Printed Materials. In the event that any Printed Materials are defective or damaged, you must call (833) 633-7765 or email us at california@med-project.org and we will provide you with instructions on how to properly dispose of the Printed Materials. You hereby agree to carry out any such instructions provided by us.
  4. Reportable Incidents. Host agrees to immediately report to MED-Project any theft, unexplained loss, or diversion of Sharps Mail-Back Packages or Printed Materials, safety or security problem, or issues reported to any governmental authority, occurring in connection with the Sharps Mail-Back Packages or Printed Materials. Host will provide MED-Project any information about such conditions or events necessary for, and on a timeframe that allows, MED-Project to meet its obligations under Applicable Laws. Host agrees to cooperate, at MED-Project’s request, to investigate any of the foregoing conditions or events.
  5. Representations and Warranties by You
    You hereby represent and warrant as follows:
    • You are currently, and shall remain for so long as you continue to initiate distribution of Sharps Mail-Back Packages or distribute Printed Materials, in compliance with all Applicable Laws;
    • You possess all required authorizations and authority to agree to these Terms and these Terms have been duly authorized and executed by you in compliance with all required authorizations; and
    • Your execution, delivery, and performance of these Terms does not, and will not, conflict with any agreement, instrument, or understanding to which you are a party or by which you may be bound.
  6. Representations and Warranties by MED-Project.
    • The ability to initiate the distribution of Sharps Mail-Back Packages for In-Scope Purchases is provided to you free-of-charge and is intended to be provided to Ultimate Users by you free-of-charge. Accordingly, we do not provide any warranties with respect to the order initiation system for Sharps Mail-Back Packages.
    • The Printed Materials are provided to you free-of-charge and are intended to be provided to Ultimate Users by you free-of-charge. Accordingly, we do not provide any warranties with respect to the Printed Materials.
    • PRINTED MATERIALS OFFERED AND THE ORDER INITIATION SYSTEM FOR SHARPS MAIL-BACK PACKAGES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; OR (D) WARRANTY OF ACCURACY OR COMPLETENESS; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
  7. Limitation of Liability.
    • IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OR IN CONNECTION WITH THE PROVISION OR DISTRIBUTION OF THE SHARPS MAIL-BACK PACKAGES OR PRINTED MATERIALS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
    • OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO $25.
  8. Indemnification. To the fullest extent permitted by law, You shall defend, indemnify, and hold harmless MED-Project from and against any and all costs, expenses, damages, or diminution of value to the extent arising out of or related to any and all liabilities, liens, demands, obligations, actions, proceedings, suits, or causes of action from third-party claims, including government actions, to the extent arising out of or related to your (a) breach of these Terms, including, without limitation, a breach of any representation or warranty made by you in these Terms, or (b) negligence, recklessness, or willful misconduct.
  9. Privacy. We use your information, such as your address, and National Provider Identifier to determine if MED-Project serves your business. Additional information can be found in Our Privacy Policy. Our Privacy Policy governs the processing of all personal data collected from you in connection with your Registration or use of our website and may be modified from time to time at MED-Project's sole discretion.
  10. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
  11. Waiver of Jury Trials and Binding Arbitration.
    • YOU AND MED-PROJECT ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
    • ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF PRODUCTS OR SERVICES INCLUDING BUT NOT LIMITED TO PRINTED MATERIALS THROUGH TERMS, TERMS OF USE, AND REGISTRATION, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
    • The arbitration will be administered by the American Arbitration Association ("AAA"). The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
    • If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
  12. Term and Termination. Your Registration is valid for up to twelve (12) months and will automatically renew unless you notify MED-Project thirty (30) days prior to the registration renewal date. Upon expiration of your Registration, or in the event of a material change to your Registration information, such as a change to the location address associated with your Registration, MED-Project may terminate or invalidate Your Registration at any time upon notice to you. MED-Project may deny or delay any Registration application or application for renewal at its sole discretion. These Terms, the Terms of Use, the Registration, and the license granted hereunder may be revoked at any time by MED-Project. Upon termination, you and Licensee agree to cease all use of the Printed Materials and to remove and destroy any and all copies of the Printed Materials you or Licensee have or display. Initiation Site must call (833) 633-7765 or email MED-Project at california@med-project.org and MED-Project will provide Initiation Site with instructions on how to properly destroy the physical and electronic Printed Materials. Initiation Site hereby agrees to carry out any such instructions provided by MED-Project.
  13. No Assignment. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of MED-Project.
  15. Relationship of the Parties. You and MED-Project are entering into and will perform the activities contemplated by these Terms solely as independent contractors. These Terms do not create any other relationship between you and MED-Project, including but not limited to the relationship of partners, joint ventures, agent, or legal representative of the other for any purpose whatsoever. Neither party shall (i) make any representation that would create an apparent agency, partnership, co-employment, or joint venture relationship with the other party, (ii) have the power, expressed or implied, to obligate or bind the other in any manner whatsoever, or (iii) be responsible for any act or omission of the other. No employee of one party is or will be considered an employee of the other party for any purpose in connection with the performance of this Agreement. No party to this Agreement has the ability to direct, control, schedule, hire, or discipline the other party's employees. You shall not make any representation or warranty whatsoever to any third party regarding the Sharps Mail-Back Packages, Printed Materials, Services, or MED-Project.
  16. Confidential Information. Except as provided in Section 16.(a), each party shall treat as confidential and not disclose to any third party, without in each instance securing the prior written consent of the other Party, any information that becomes available to it through this Registration, including this Registration application and associated Terms and Conditions, and is not now or does not enter the public domain (other than by acts, omissions, or fault of the party seeking to disclose such information, or is not already known by the recipient party. To the extent allowed by Applicable Laws, you shall treat as confidential and not disclose to any third party any information provided to you by MED-Project that is either marked or identified as “Confidential” or that a reasonable person would understand to be confidential by the circumstances of its disclosure.
    • Section 16 does not apply to disclosures that are: 1. Required by applicable laws; 2. Made to law enforcement agency as part of an actual or potential law enforcement agency investigation; or 3. Made to our subcontractors or assignees as necessary to perform the services, comply with Applicable Laws, or assist a law enforcement agency as part of an actual or potential law enforcement agency investigation.
    • Each party shall limit disclosures under Section 16.(a) to the extent practicable.
  17. Publicity. Neither you nor MED-Project and its affiliates shall use the name, trade name, service marks, trademarks, trade dress, or logos of the other in releases, advertising, or any other publications, without such other party's prior written consent in each instance; except that either you or MED-Project and its affiliates are authorized to use the other party's name, trade name, logo, and contact information with regard to public outreach and educational efforts taken with regard to the plan or as required to comply with Applicable Laws. This provision applies to written and online releases and communications, including those appearing on a website and those circulated via social media platforms including, but not limited to, Facebook, X, and LinkedIn.
  18. Limited License. You agree the Printed Materials you are provided have been prepared and collected by MED-Project and are proprietary to MED-Project. MED-Project provides the Printed Materials solely on these Terms and on the condition that you accept and comply with them. You are referred to herein as "Licensee."
    • License Grant and Scope. Subject to and conditioned upon all terms and conditions set forth in these Terms, MED-Project hereby grants to Licensee a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Printed Materials for educational and informational purposes only as described in these Terms and the Terms of Use. Licensee may only obtain a reasonable number of copies of the Printed Materials, and Licensee may not post the Printed Materials online or make them accessible via any public website.
    • Use Restrictions. Licensee shall not, and shall ensure others do not, directly or indirectly:
      1. use (including making or obtaining any copies of) the Printed Materials beyond the scope of the license granted above;
      2. modify, translate, adapt, or otherwise change or create derivative works or improvements, whether or not patentable, of the Printed Materials;
      3. combine the Printed Materials or any part thereof with other Printed Materials;
      4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Printed Materials, including any copy thereof;
      5. use the Printed Materials in violation of any law, regulation, or rule; nor
      6. use the Printed Materials for purposes of competitive analysis of the Printed Materials, the development of a competing Printed Materials product or service, or any other purpose that is to MED-Project’s commercial disadvantage.
    • Responsibility for Use of Printed Materials. Licensee is responsible and liable for all uses of the Printed Materials through access thereto provided by Licensee, directly or indirectly. Specifically, and without limiting the generality of the foregoing, Licensee is responsible and liable for all actions and failures to take required actions with respect to the Printed Materials by anyone provided access to or use of the Printed Materials by Licensee, whether such access or use is permitted by or in violation of these Terms. This provision does not apply to Printed Materials provided to Ultimate Users pursuant to the Terms and Terms of Use.
    • Intellectual Property Rights. Licensee acknowledges and agrees that the Printed Materials are provided under license, and not sold, to Licensee. Licensee does not acquire any ownership interest in the Printed Materials under these Terms or any other rights thereto, other than to use the same in accordance with the license granted and subject to all terms, conditions, and restrictions under these Terms.
  19. No Third-Party Beneficiaries. Unless expressly stated otherwise, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
  20. Notices.
    • To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to our website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms, you must contact us by email with return receipt requested to legalaffairs@med-project.org. We may update the email address for notices to us by posting a notice on our website. Notices will be effective upon Your receipt of delivery confirmation.
  21. Survival. Terms Sections 6 (Representations and Warranties by MED-Project), 7 (Limitation of Liability), 8 (Indemnification), 10 (Governing Law and Jurisdiction), 11 (Waiver of Jury Trials and Binding Arbitration), 16 (Confidential Information), 17 (Publicity), 18 (Limited License), 19 (Intellectual Property), 23 (Severability), and 24 (Entire Agreement) shall survive termination of these Terms.
  22. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  23. Entire Agreement. Your Registration, as accepted by us, these Terms, our Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.