1. Acceptance of Terms

These Terms and Conditions (“Terms”) govern your access to and use of the website located at www.modulardevices.com (the “Site”), operated by Modular Devices Acquisition, LLC (“Modular Devices,” “we,” “us,” or “our”), a limited liability company organized under the laws of the State of Indiana with its principal place of business at 1515 Brookville Crossing Way, Indianapolis, IN 46239.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of the Site immediately. Your continued use of the Site following any updates to these Terms constitutes acceptance of the revised Terms.

These Terms apply to all visitors, users, and others who access or use the Site. They apply equally to, and to all inquiries and interactions relating to Modular Devices and any of its portfolio companies, including: Cardiac Services, Interim Diagnostic Imaging, Flow Cleanrooms and Supply, Technical Air Products, TDC Trailer, Catalina Imaging, and Absolute Medical Imaging (such portfolio companies collectively referred to herein as the “Modular Devices Portfolio”).

2. Permitted Use of the Site

You may use the Site for lawful purposes only and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates applicable federal, state, local, or international law or regulation.
• Transmit any unsolicited or unauthorized advertising or promotional material.
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or that may harm Modular Devices or other users.
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site.
• Use any robot, spider, scraper, or other automated means to access the Site without our express written permission.
• Introduce viruses, Trojans, worms, logic bombs, or other malicious or harmful material.
• Collect or harvest any personally identifiable information from the Site without authorization.
• Use the Site to send or facilitate the transmission of junk mail, chain letters, or spam.

We reserve the right to terminate or restrict your access to the Site, without notice, for any conduct that we believe violates these Terms or is harmful to other users, Modular Devices, the Modular Devices Portfolio, or third parties.

3. Intellectual Property

3.1 Ownership

The Site and its entire contents, features, and functionality, including but not limited to all text, graphics, logos, images, photographs, audio and video clips, data compilations, and software, are the exclusive property of Modular Devices or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

3.2 Portfolio Company IP

Notwithstanding anything to the contrary in these Terms, the brand names, logos, trademarks, service marks, trade names, and other content associated with a portfolio company in the Modular Devices Portfolio remain the property of the applicable portfolio company or other respective owner, as applicable. Nothing in these Terms grants you any license or right to use any such intellectual property without the prior written consent of the applicable owner.

3.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial informational purposes. Except as expressly permitted by these Terms, you may not reproduce, distribute, modify, adapt, translate, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, license, exploit, or otherwise use any material from the Site. Without limiting the foregoing, you may not use the Site or any Site content for data mining, text or data scraping, web scraping, harvesting, indexing, or similar automated or manual data-gathering activities, or to develop, train, fine-tune, test, validate, benchmark, or improve any artificial intelligence, machine learning, deep learning, large language model, or other algorithmic model or service, whether for commercial or non-commercial purposes, without our prior written consent. You may not remove, obscure, or alter any copyright, trademark, or other proprietary notices contained in Site content. Notwithstanding the foregoing you may do the following:

• Temporarily store copies of materials in RAM incidental to your accessing and viewing those materials.
• Store files that are automatically cached by your web browser for display enhancement purposes.
• Print or download one copy of a reasonable number of pages of the Site for your personal, non-commercial use, provided you do not modify copies or delete any copyright, trademark, or other proprietary notices.

3.4 Trademark Usage and Brand Guidelines

The trademarks, service marks, trade names, logos, and trade dress of Modular Devices and the portfolio companies in the Modular Devices Portfolio, are valuable proprietary assets and may not be used without our prior written consent. In the event any use of our marks is permitted, such use must comply with our then-current brand guidelines and any other instructions we provide. References to our brand guidelines are for compliance purposes only and do not grant any license or other rights in our intellectual property.

4. Information Submissions and Marketing Communications

4.1 Consent to Contact

When you submit a contact form, inquiry form, or quote request on the Site, you consent to being contacted by Modular Devices or the relevant portfolio company in the Modular Devices Portfolio regarding your inquiry. You also acknowledge that your contact information and inquiry details may be stored in our CRM system (Salesforce CRM and Salesforce Account Engagement) and used for follow-up communications.

4.2 Marketing Communications

By submitting your contact information on the Site, you may receive marketing communications from Modular Devices or portfolio companies in the Modular Devices Portfolio, including emails about products, services, events, and company news. You may opt out of marketing communications at any time by:

• Clicking the “unsubscribe” link in any marketing email you receive; or
• Contacting us directly at the address provided in Section 13.

Opting out of marketing communications will not affect transactional or service-related communications necessary to respond to your inquiry.

4.3 Tracking and Analytics

Your use of the Site is subject to tracking via Google Analytics, Google Tag Manager, Salesforce Account Engagement, and WordPress built-in functions, as described in our Privacy Policy. By using the Site, you consent to this tracking as described in the Privacy Policy. See Section 9 for more information and how to access our Privacy Policy.

4.4 Accuracy of Information

When submitting information through the Site, you agree to provide accurate, current, and complete information. You are responsible for ensuring any information you submit is truthful and not misleading.

5. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

MODULAR DEVICES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MODULAR DEVICES DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Product and service information displayed on the Site relating to any Modular Devices Portfolio company is provided for general informational purposes only and does not constitute a binding offer, specification, or guarantee of availability. Actual products and services may vary and will be subject to separate terms governing such sales of products and services. Please contact the relevant portfolio company directly to confirm such terms, specifications, pricing, and availability.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MODULAR DEVICES, ITS PORTFOLIO COMPANIES IN THE MODULAR DEVICES FAMILY, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING:

• Your use of or inability to use the Site.
• Any content obtained from the Site.
• Unauthorized access to or alteration of your transmissions or data.
• Any conduct or content of any third party on the Site.
• Any other matter relating to the Site.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

MODULAR DEVICES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS WILL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).

7. Indemnification

You agree to defend, indemnify, and hold harmless Modular Devices, each portfolio company in the Modular Devices Portfolio and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site.

8. Third-Party Links and Content

The Site may contain links to websites operated by third parties, including individual websites of portfolio companies in the Modular Devices Portfolio that are hosted at separate domains. These links are provided for convenience only. Modular Devices has no control over the content of those sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

If you decide to access any of the third-party websites linked to from the Site, you do so entirely at your own risk, subject to the terms and conditions of those websites.

9. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy is available at www.modulardevices.com and describes how we collect, use, and share information about you when you use the Site. By using the Site, you agree to the collection and use of your information as described in the Privacy Policy.

10. Modifications to the Site and Terms

We reserve the right to modify or discontinue the Site (or any part thereof) at any time without notice. We also reserve the right to revise these Terms at any time by updating this page. The revised Terms will be effective when posted. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.

We will update the “Last Updated” date at the top of this page when revisions are made. We encourage you to review these Terms periodically.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and any dispute arising out of or related to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions.

11.2 Jurisdiction

You and Modular Devices each agree that any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Marion County, Indiana. Notwithstanding the foregoing, either party hereto may seek temporary, preliminary, or permanent equitable or injunctive relief in any court of competent jurisdiction to prevent actual or threatened misuse of confidential information or infringement or misappropriation of intellectual property rights. You and Modular Devices each hereby consent to the personal jurisdiction and venue of such courts.

11.3 Waiver of Class Action

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

12. General Provisions

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Modular Devices with respect to your use of the Site and supersede all prior agreements and understandings. If you purchase products or services, the applicable sales terms govern and will control in the event of conflict with these Terms.

Waiver: No failure or delay by Modular Devices in exercising any right under these Terms will constitute a waiver of that right.

Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

13. Contact Us

If you have any questions about these Terms and Conditions, please contact us:

Modular Devices Acquisition, LLC
1515 Brookville Crossing Way
Indianapolis, IN 46239

Phone: 800-456-3369

Website: www.modulardevices.com