Terms of Service

Effective Date: February 23, 2023

The following “Terms of Service” govern your use of the kBLASTER web site (“Service”) made available by kBLASTER LLC, an Oregon limited liability company. (“kBLASTER”):

1. Limited License & Use of the Service

1.1. You are granted a non-exclusive, non-transferable, limited license to access and use the Service for research with respect to FDA 510(k) Premarket Notification applications being prosecuted by the Authorized User (as defined below) or Authorized User’s employer.

1.2. You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheets (“CSS”) or any visual design elements.

1.3. You agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, kBLASTER, or any other software or service provided by kBLASTER.

1.4. You will not reproduce, duplicate, copy, download, sell, resell, or otherwise exploit this website, or any portion hereof, for commercial purposes.

1.5. You will not use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms of Service.

1.6. You agree not to use the Service to upload, post, host, or transmit unsolicited bulk e-mail “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.

1.7. The Service is protected by US and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted pursuant to this Agreement, you agree that all other rights in the Service remain the sole property of kBLASTER.

1.8. kBLASTER reserves the right, at any time, to suspend, terminate or throttle the account of an Authorized User.

1.9. kBLASTER reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. Continued use of the Service following any modification constitutes your acceptance of the modification.

1.10. kBLASTER reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide reasonable notice prior to any such suspension.

1.11. kBLASTER search engine operates solely in English and Authorized User should be prepared to perform search and interpret results in English.

2. Access to the Service

2.1. You are only permitted to access and use the Service if you are an Authorized User. An “Authorized User” means a single individual in good standing under these Terms of Use. Groups, entities, organizations cannot be Authorized Users. Authorized Users are required to provide their full legal name, a valid email address, a valid credit card and any other information requested by the Service.

2.2. Each Authorized User will be provided with a unique identifier to access and use the Service (“Username”). The Username may only be used by the Authorized User to whom it is assigned. A Username may not be shared with, or used by any other person, including other Authorized Users. 

2.3. All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.

3. Security of Passwords. 

Authorized Users are responsible for protecting the security of Usernames and passwords, or any other codes associated to the Service known to them, and for the accuracy and adequacy of personal information provided to the Service. Authorized Users will promptly notify kBLASTER, upon suspicion that a Username has been lost, stolen, compromised, or misused.

4. Payment, Refunds and Subscription Changes

4.1. Authorized Users with paying subscriptions will provide kBLASTER with a valid credit card for payment of the monthly recurring subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal or other taxes.

4.2. The sale price listed for monthly recurring subscriptions is in US dollars and payment is accepted in US dollars only. For any foreign currency transactions, the credit card issuer of the Authorized User will charge the card holder (Authorized User) for the exchange fees to convert to US dollars plus the original sales price.

4.3. Authorized Users with paying subscriptions will be charged the applicable fee in advance.  Fees are nonrefundable, even if the service is canceled prior to the end of the subscription period. 

4.4. No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription.

4.5. There are no charges for canceling subscription. 

4.6. The amount charged on the next billing cycle for monthly recurring subscription will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. 

4.7. All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the Administrator, or in the form of an announcement on the Service. 

5. Cancellation and Termination

5.1. Authorized Users are solely responsible for canceling their subscription. Authorized Users may cancel their subscription at any time by accessing the Service, and clicking on the appropriate link in the global navigation bar at the top of the screen. 

5.2. kBLASTER in its sole discretion, has the right to suspend or discontinue providing the Service to any Authorized User without notice for non-compliance with these Terms of Service, and pursue any other remedy legally available to it. 

5.3. Upon cancellation or termination of a subscription, all saved search history and bookmarks associated with such subscription will be retained indefinitely unless the Authorized User expressly elects to delete such information.

5.4. You agree to indemnify, defend, and hold kBLASTER and its members, managers employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you.

5.5 Email, phone, text or other modes of communication requests made by Authorized Users to kBLASTER or agents of kBLASTER for canceling their subscription are not valid means to cancel a subscription. As noted in 5.1 above, Authorized Users are solely responsible for canceling their subscription.

6. Limited Warranty and Limitation of Liability

6.1. The Service is provided on an “as is”, “as available” basis and kBLASTER expressly disclaims all warranties, including the warranties of merchantability and fitness for a particular purpose.

6.2. kBLASTER, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of kBLASTER or its affiliates does not warrant that: (i) the Service will meet any specific requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained through the Service will meet any expectations; and (v) any errors in the Service will be corrected.

6.3. kBLASTER, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of kBLASTER or its affiliates, may not be held liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if kBLASTER has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of a substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) any unauthorized access to or alteration of Authorized User transmissions; (iv) any price change, suspension or discontinuance of the Service; (v) any loss of Content, modification to a feature or to the Service itself; (vi) any loss of Content subsequent to a cancellation or termination of a subscription to the Service; (vii) statements or conduct of any third party on the Service; or (viii) any other matter relating to the Service.

7. Miscellaneous

7.1. Technical support is only provided to Authorized Users with paying subscriptions, and is only available through email correspondence.

7.2. You acknowledge that kBLASTER may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

7.3. You acknowledge that the technical processing and transmission of data associated with the Service, including Content, may be transmitted unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7.4. The failure of kBLASTER to enforce any provision hereof is not constitute a waiver of such provision or of the right to enforce it at a later time.

7.5. The Terms of Service constitutes the entire agreement between you and kBLASTER and govern your use of the Service, superseding any prior agreements between you and kBLASTER (including, but not limited to, any prior versions of the Terms of Service).

7.6. You may not assign your rights or delegate your duties under this license to access the Service without the prior written consent of kBLASTER.

7.7. These Terms of Service are governed by the laws of the state of Oregon and the federal laws of the United States of America. Any action arising out of or relating to these terms may only filed only in state or federal courts located in Portland, Oregon. You consent to the personal jurisdiction of such courts for the purpose of litigating any such action.

7.8. The technology and content provided on this website is owned by or licensed to kBLASTER and protected by United States and international intellectual property laws. kBLASTER and its licensors retain all proprietary rights to that content and technology.