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THE ORTHOFIX
GROUP WEB SITE
TERMS OF USE AND LEGAL RESTRICTIONS
ATTENTION: PLEASE READ THESE
TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE
("SITE") INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU
DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB
SITE.
Use of Site. The Orthofix
group of companies ("Orthofix") authorizes you to view
and download a single copy of the materials at this Site only for
your personal, non-commercial internal use, provided that you
retain all copyright and other proprietary notices contained in
the original materials on any copies of the materials. This is a
license granted and does not constitute any transfer of ownership.
This license is non-transferable and may be terminated or revoked
at any time in our sole discretion. You may not modify the
materials at this Site in any way or reproduce or publicly
display, perform, or distribute or otherwise use them for any
public or commercial purpose, without the express written
permission of Orthofix. For purposes of these Terms, any use of
these materials on any other Web site or networked computer
environment for any purpose is prohibited.
The materials at this Site are copyrighted and any unauthorized
use of any materials at this Site may violate copyright,
trademark, and other laws. If you breach any of these Terms, your
authorization to use this Site automatically terminates and you
must immediately destroy any downloaded or printed
materials.
Surgical Procedures. The content available through the
Site is for informational and educational purposes only
and is not a substitute for the professional judgment of the
health care professional in diagnosing and treating
patients.
Orthofix does not give medical advice, nor does Orthofix
provide medical or diagnostic services. Your reliance upon content
obtained by you at or through the Site is solely at your own risk.
The surgical techniques presented on this Site are used to
demonstrate examples of surgical techniques. Orthofix, as
the manufacturer of medical devices, does not practice medicine
and does not recommend these or any other surgical techniques for
use on a particular patient. The surgeon who performs any implant
procedure is responsible for determining and utilizing the
appropriate techniques for surgical procedures in each individual
patient. Orthofix is not responsible for selection of the
appropriate surgical technique to be utilized for an individual
patient.
Interactive Areas and User Submissions. Any material,
information or other communication you transmit or post to this
Site ("Communications") will be considered
non-confidential and non-proprietary. Orthofix will have no
obligations with respect to the Communications. You may be
permitted to access and use chat rooms, bulletin boards, mail
lists, and other forms of group electronic communications through
the Site ("Interactive Areas"). If you participate in
Interactive Areas you are responsible for your own Communications
and the consequences of posting your Communications. If you choose
to post material using such Interactive Areas, you agree to do so
solely for lawful purposes. You expressly agree that you will not
post any material that: (1) is defamatory, libelous, abusive, or
obscene, including, without limitation, material which encourages
conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable local, state,
federal, or international law; (2) infringes on the copyright or
any other proprietary right of a third-party; (3) would invade the
privacy of any other person; (4) is intended to advertise to or
solicit others without our express permission; (5) constitute
charity solicitations, chain letters or pyramid schemes; (6)
contains a virus, worm, trojan horse, time bomb, or any other
harmful program or component; or (7) does not generally pertain to
the designated topic or theme of the Site. You also expressly
agree that you will not: (a) after receiving warning, continue to
post material which we have advised you not to post; (b) create a
false identity or forged email address or header, or otherwise
attempt to mislead others as to the identity of the sender or the
origin of the message; (c) post, generate or disseminate so-called
"spam" or mass-mailings; (d) harvest or otherwise
collect information about others, including email addresses,
without their consent; (e) interfere with or disrupt networks
connected to the Site, or used for purposes of delivering the
Content or the Services (or violate the regulations, policies or
procedures of such networks); (f) attempt to gain unauthorized
access to restricted areas of the Site, other accounts, computer
systems or networks connected to the Site, through password mining
or any other means; or (g) interfere with another of our user’s
use and enjoyment of the Site. We do not, and are not responsible
for, screening or monitoring material posted by you or any other
person or entity in Interactive Areas. If notified by one of our
users of any material that is alleged not to conform to the terms
of this Agreement, we may investigate the allegation and determine
in our sole discretion to remove or request the removal of the
material. We reserve the right to remove material, which is
abusive, illegal, disruptive, or that otherwise fails to conform
to this Agreement. We reserve the right to edit or delete any
material posted on our Site, regardless of whether such material
violates these standards for content. We have no liability or
responsibility to you or any other person or entity for
performance or nonperformance of the screening activities set
forth above. We further do not represent, warrant or guarantee the
truthfulness, accuracy, or reliability of any of the material
posted in Interactive Areas. We also do not endorse any opinions
expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE
ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.
You hereby grant to us a non-exclusive, worldwide, royalty-free,
perpetual license, with right to sublicense, to reproduce,
distribute, transmit, create derivative works of, publicly display
and publicly perform the Communications by all means and in any
media now known or hereafter developed for any use or
purpose.
Patient Data and Legal Compliance. The services provided
through the Site may enable you to transmit, store, and receive
confidential patient information ("Patient
Information"). State, federal, national and other laws, as
well as ethical and licensure requirements of your profession may
impose obligations with respect to patient confidentiality that
may limit the ability of physicians, health care providers, and
persons acting on their behalf, to make use of certain services or
to transmit certain information to third parties. You represent
and warrant that you will, at all times during your use of this
Site and thereafter, comply with all laws directly or indirectly
applicable to you that may now or hereafter govern the gathering,
use, transmission, processing, receipt, reporting, disclosure,
maintenance, and storage of the Patient Information, and use your
best efforts to cause all persons or entities under your direction
or control to comply with such laws. You are, at all times during
your use of this Site and thereafter, solely responsible for
obtaining and maintaining all patient consents and all other
legally necessary consents or permissions required or advisable to
disclose, process, retrieve, transmit, and view the Patient
Information you transmit, store, or receive in connection with the
Site and the services. You agree that we, our licensors, and all
other persons or entities involved in the operation of services
provided through the Site, have the right to monitor, retrieve,
store and use Patient Information in connection with the operation
of such Services. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY
FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION
TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SITE OR THE
SERVICES.
Comments and Inquiries to Orthofix. Any response
given to inquiries will be for informational and
educational purposes only and should not be interpreted as
diagnostic or treatment advice of any type.
Press Releases.
The information contained in press releases on the Site should not
be deemed to be accurate or current except as of the date the
press release was posted. Orthofix does not, and specifically does
not intend to, update or correct such information.
Links To Other Web Sites. Links to third party Web sites on
this Site are provided solely as a convenience to you. If you use
these links, you will leave this Site. Thus, Orthofix does not
endorse or make any representations about them, or any
information, software or other products or materials found there,
or any results that may be obtained from using them. If you decide
to access any of the third party sites linked to this Site, you do
this entirely at your own risk. Disclaimer. THE MATERIALS PROVIDED
AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES
OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Orthofix further does not warrant the accuracy, adequacy or
completeness of the materials at this Site and expressly disclaims
liability for errors and omissions therein. Orthofix may make
changes to the materials at this Site, or to the products and
prices described in them, at any time without notice. The
materials at this Site may be out of date, and Orthofix makes no
commitment to update the materials at this Site. Information
published at this Site may refer to products, programs or services
that are not available in your country. Consult your local
Orthofix business contact (if any) for information regarding the
products, programs and services that may be available to you.
Applicable law may not allow the exclusion of implied warranties,
so the above exclusion may not apply to you.
Your use of this Site is at
your own risk, and it is your responsibility to take
precautions to ensure that the pages and other materials are free
from viruses, worms, trojan horses, time bombs or other items of a
destructive nature. This Site may not be compatible with the web
browser or other software you use. There is no guarantee that the
Site will be available on a consistent or ongoing basis, and the
provision of this Site may be subject to periods of interruption
or poor performance and may be terminated at any time.
Limitation of Liability. IN NO EVENT WILL ORTHOFIX, ITS
SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE
FOR ANY DAMAGES WHATSOEVER, (INCLUDING DIRECT, INDIRECT, SPECIAL
OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO
USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO
THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL
SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS
SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF
EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify and hold
Orthofix harmless against any losses, expenses, costs or damages
(including our reasonable attorneys’ fees, expert fees’ and
other reasonable costs of litigation) arising from, incurred as a
result of, or in any manner related to (1) your breach of the
terms of this Agreement, (2) your unauthorized or unlawful use of
the Site.
Applicable Laws. This Site
is administered by Orthofix from its offices in USA, the United
Kingdom and Italy. Orthofix makes no representation that materials
at this Site are appropriate or available for use outside Italy,
the United Kingdom or the United States, and access to them from
territories where their contents are illegal is prohibited. You
may not use or export or re-export the materials at this Site or
any copy or adaptation in violation of any applicable laws or
regulations. If you choose to access this Site from outside Italy,
the United Kingdom or the United States, you do so on your own
initiative and are responsible for compliance with applicable
local laws. These Terms will be governed by and construed in
accordance with the laws of the United States, without giving
effect to any principles of conflicts of laws.
Regarding Orthofix Products: The majority of
Orthofix products are available for sale globally. Any
products not commercially available in the U.S. or Internationally
will not appear in the U. S. or International navigations,
respectively.
Trademarks: Spinal-Stim Lite, Physio-Stim Lite, EZBrace,
Orthotrac, Air care for the back, XCaliber, Sheffield, OASIS, ISKD,
STORM, Oscar, Phys-Assist/ Physassist A-V Impulse System and ImPad
are trademarks or registered trademarks of Orthofix Companies. You
may not use Orthofix marks without the express written permission
of Orthofix. Certain other names, brands and marks are used for
identification purposes only and may be trademarks or registered
trademarks of their respective owners.
Copyright Agent. Orthofix respects copyright law and
expects our Users to do the same. Unauthorized copying,
distribution, modification, public display, or public performance
of copyrighted works is an infringement of the copyright holders'
rights. As a condition to your use of the Site, you agree that you
will not use the Site to infringe the intellectual property rights
of others in any way. In accordance with the Digital Millennium
Copyright Act of 1998 (the text of which may be found on the U.S.
Copyright Office web site at http://lcweb.loc.gov/copyright/),
Orthofix will respond expeditiously to claims of copyright
infringement committed using the Site that are reported to
Orthofix’s "Designated Copyright Agent" identified
below. If you are a copyright owner, or authorized to act on
behalf of an owner of the copyright or of any exclusive right
under the copyright, please provide Orthofix’s Copyright Agent
the following information: 1.an electronic or physical signature
of the person authorized to act on behalf of the owner of the
copyright interest; 2.a description of the copyrighted work that
you claim has been infringed; 3.a description of where the
material that you claim is infringing is located on the site;
4.your address, telephone number, and email address; 5.a statement
by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; 6.a
statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf. 7. your full legal name. All claims of copyright
infringement should be delivered to the following "Designated
Copyright Agent" of Orthofix: Fran Hagerty, Director,
Information Services, Orthofix Inc Telephone Number: 972-918-8469
Facsimile Number: 972-918-8356 Email Address: FranHagerty@Orthofix.com
General.
Orthofix may revise these Terms at any time by updating this
posting. You should visit this page from time to time to review
the then-current Terms because they are binding on you. Certain
provisions of these Terms may be superseded by expressly
designated legal notices or terms located on particular pages at
this Site.
Revised June 2002.
Note: Anyone linking to
Orthofix's Web site must comply with all applicable laws.
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