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.
Security. Specific areas of the Site are intended by Orthofix to require a user ID and password to access and use. Certain services may require additional codes.
You are solely responsible for:
- maintaining the strict confidentiality of the userIDs, passwords and codes (collectively, "IDs") assigned to you,
- instructing your personnel to not allow another person to use their IDs to access the Site, and
- promptly informing us in writing of any need to deactivate an ID due to security concerns.
We are not liable for any harm related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person or entity to access and use the Site using your IDs. You agree to immediately notify us of any unauthorized use of your IDs.
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.
Proper surgical procedure is the responsibility of the medical professional. Operative techniques are furnished as an informative guideline. Each surgeon must evaluate the appropriateness of a technique based on his or her personal medical credentials and experience. Please refer to the “Instructions for Use” supplied with the product for specific information on indications for use, contraindications, warnings, precautions, adverse reactions information and sterilization.
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:
- 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;
- infringes on the copyright or any other proprietary right of a third-party;
- would invade the privacy of any other person;
- is intended to advertise to or solicit others without our express permission;
- constitute charity solicitations, chain letters or pyramid schemes;
- contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or
- does not generally pertain to the designated topic or theme of the Site.
You also expressly agree that you will not:
- after receiving warning, continue to post material which we have advised you not to post;
- 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;
- post, generate or disseminate so-called "spam" or mass-mailings;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- 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);
- 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
- 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:
- your breach of the terms of this Agreement,
- your unauthorized or unlawful use of the Site, and
- the unauthorized or unlawful use of the Site by any other person using your IDs. 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: Orthofix, InSWing, Advent, Ascent, Construx, Hallmark, NewBridge, NGage, PILLAR, Reliant, Unity, 3 Degree, AlloQuent, Origen, Firebird, ProView, Trinity Evolution, TrueLok, XCaliber, RadioLucent Wrist, PreFix, ProCallus, LRS, MiniRail, Osteotite, Sheffield Ring, CentroNail, VeroNail, Spinal-Stim, Physio-Stim, Orthotrac, EZBrace, ISKD, Cervical-Stim, BladeRunner, Contours VPS, eight-Plate, Gotfried PC.C.P, OsteoMax, Making Life Better Through Innovations in Healing, A-V Impulse, OSCAR, Laryngeal Mask, Venture Walker, Ultra Ankle Brace, BOA, Neutral Wedge Brace, Slingshot Brace, Functional Elbow, Post-op Elbow Brace, FUSION BRACE, HEX Elbow Brace, T-Scope, X2K Ligament Brace, CounterForce Plus Brace and Polar Care are trademarks or registered trademarks of Orthofix Holdings Inc.
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:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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;
- 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.
- your full legal name.
All claims of copyright infringement should be delivered to the following Designated Copyright Agent of Orthofix at Orthofix Inc Telephone Number: 469-742-2869, Facsimile Number: 469-742-2910, Email Address: email@example.com. 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 July 2006. Note: Anyone linking to Orthofix's Web site must comply with all applicable laws.