These legal terms and conditions govern (a) your access to the website, located at http://www.shouldersolutions.com "Site," and operated by the "Parties," which refers to the following unrelated, separate, independent entities, Medical Internet Solutions, L.L.C. ("MIS") and Linvatec Corporation ("Linvatec"), and (b) your use of any content and services on the Site.
The term Site is used to refer to the Site as well as the service provided to you by your access to and use of the Site. Unless otherwise specified, Linvatec does not own this Site, the Marks (as defined below), the domain names related to the Site (see the Copyright and Trademark Statement), or any other intellectual property related to the Site. Linvatec serves as a sponsor to this Site in that it has paid for the Site's development and operation, and provides Visitors the means of accessing and using the Site. Linvatec does not warrant any aspect of the Site's content. You agree that you will use the Site only in accordance with the terms of this Agreement.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OR OTHERWISE ACCESS THE SITE.
You must be 18 years or older to access and use the Site. In addition, if you are over 18, you agree to take full and active responsibility to prevent the use of the Site by any children under 18 you may be responsible for as a parent or legal guardian.
You agree that your decision to access the Site is done solely on your own initiative, and that you are solely responsible for complying with any applicable laws regarding such access.
Given the global nature of the Internet, you agree to comply with all local rules (from where you physically reside) regarding conduct and content via the Internet. This includes, where applicable, laws prohibiting you from using this Site at all. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you physically reside.
Your Acceptance of the Terms and Conditions
This Site Does Not Provide Medical Advice.
This Site does not provide you with any medical advice. Through this Site, the Parties provide you with general information relating to shoulder injuries, anatomy and surgery for informational purposes only. You are advised not to use any information on the Site as a substitute for professional medical advice, diagnosis or treatment. Always personally consult with a trained and qualified medical professional who can answer questions on, evaluate and treat, your specific medical condition. Never delay in seeking medical advice as a result of information you may have obtained from or through the Site. Always personally speak with a trained and qualified medical professional regarding any information you have obtained from or through the Site. You understand and agree that the Parties are not responsible for, and do not endorse or recommend any products, services or information from or through the Site.
Your Assumption of Risk.
The decision to rely on any information, instruction, opinion, procedure, treatment, product or service found on the Site, or any website linked to or from the Site, is made solely at your own risk. The Parties accept no responsibility or liability for injury or damage resulting from your decision to use or rely on any content found on the Site, or any website linked to the Site, or any product or service related to the Site.
In consideration of being permitted to access the Site, you agree that you and your heirs, distributees, guardians, legal representatives, executors, administrators and assigns, will not assert any claim against, sue, attach the property of, or prosecute the Parties or any of its officers, directors, agents, employees, contractors, information providers, licensors, licensees, or affiliates for any injury, death, damage or property damage, or the like, which may result from your access to, use of or reliance upon any information contained within, any communications with Participating Physicians as a result of, or any site linked to or from, the Site, whether caused by the Parties' negligence or otherwise.
Rights to the Site Content
The Site contains "Site Content," which collectively refers to all tangible and intangible material on the Site including, but not limited to: any text, graphics, images, information, software, audio and video clips, links and other material, proprietary and confidential information, copyrights, patents and trademarks, including the Marks (as defined below). Any Site Content owned by MIS is referred to herein as "MIS Site Material." Site Content also includes materials from "Contributing Authors" and "Participating Physicians," as defined below.
All Site Content, in whole or in part, is protected by all applicable copyright laws, international conventions or treaties, and any other intellectual property or proprietary laws, and, unless in the public domain, is owned by either of the Parties, whether or not such rights are expressly identified in, or in connection with, such Site Content.
You are authorized by the Parties to view and download a single copy of the Site Content for your personal use. You agree to retain all copyright and other proprietary notices contained in the original Site Content on any copy you make of such material. No other license to use any of the Site Content is given or implied without the respective owner's prior written consent.
The trademarks, logos, slogans, and service marks appearing on the Site (collectively the "Marks") are registered and unregistered trademarks of any of the Parties or other third parties, protected under all applicable laws, and include without limitation, those specified in the Copyright and Trademark Statement. Unless otherwise specified hereunder, no such Marks may be used: (a) in any way that is not expressly authorized, in writing, by the respective owner, (b) in any manner that is likely to cause confusion among the public about the respective owner and its business, or (c) in any manner that disparages or discredits the respective owner or its related business.
Unless otherwise specified hereunder, you may not sell, rent, modify, reproduce, display, distribute, or otherwise use the Site Content, in whole or in part, in any way without the respective owner's prior written consent.
Management of Site Content
The Parties reserve the right, in their sole discretion, to establish practices regarding use of the Site. The Parties have no responsibility or liability for the deletion or failure to store any Site Content.
You also understand that each Party prescreens and monitors their own Site Content, but reserve the right, in their sole discretion, to refuse or remove any such content for any reason and with no explanation.
The Parties may preserve, disclose or review any Site Content if required to do so by law or in the good faith belief that such action is reasonably necessary to comply with any legal process, enforce this Agreement, respond to any claim regarding the violation of the rights of any third parties, or protect the rights, property or personal safety of any of the Parties, or of any Visitors on the Site.
No Endorsement of Contributing Author Materials
The Site Content may include material provided by Contributing Authors. These materials are the opinions and creations of the authors and/or owners identified in those materials. As such, the Parties do not assume any responsibility for and deny liability for any Contributing Author Materials. The Parties' publication of Contributing Author Materials does not constitute either of the Parties' endorsement, warranty or guarantee of any information, instruction, opinion, products or services contained within such materials.
You will yourself evaluate the validity of all portions of the Site Content, including without limitation the Contributing Author Materials and MIS Site Material, and bear all risks associated with the use of any such content, including without limitation, the accuracy, completeness, reliability or usefulness thereof. Under no circumstances will the Parties be responsible for any loss or damage resulting from any reliance you place or any third party places on such information.
No Endorsement of Links to Third Parties and Participating Physicians
The Site does provide links to Participating Physician (defined below)
websites and may provide links to other websites, resources or sponsors.
You understand and agree that the Parties are not responsible for the
availability of such websites, resources and sponsors, and do not endorse
and are not responsible or liable for any content, products or services
(including anything that could be offensive, inappropriate, inaccurate,
false, misleading or in violation of applicable laws) available through
such websites, resources and sponsors (if any). You also agree that the
Parties are not responsible or liable for any direct or indirect damage
or loss caused, or alleged to be caused, by or in connection with the
use of or reliance on any such content, products or services.
Your Communications with Third Parties
Your correspondence with, participation in promotions by, and purchase of any products or services from any third party as a result of the Site are communications or transactions, as the case may be, solely between you and such third party ("Third Party Dealings"). These Third Party Dealings include without limitation your agreement to any terms, conditions, obligations, warranties or representations associated with such third parties on the Site. You agree that the Parties will not be responsible or liable for any loss or damage of any type incurred as the result of any Third Party Dealings, or as the result of the presence of such third parties on the Site.
Termination of or Change in Site
The Parties may change, suspend or discontinue any aspect of the Site, or any part thereof, or impose any limits on any feature or service, including the availability of any Site feature, database, or Site Content for any reason, at any time, and without notice. You agree that the Parties will not be liable in any way to you or any third party for any actions of the Parties as described herein or otherwise.
Disclaimer of Warranties
YOUR ACCESS TO AND USE OF THE SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION, IS AT YOUR SOLE RISK, AND SUCH SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EACH OF THE PARTIES AND EACH OF THEIR SUBSIDIARIES, LICENSEES, LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES AND EACH OF THEIR SUBSIDIARIES, LICENSEES, LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER (1) WITH RESPECT TO THE CONTENT ON THE SITE, (2) WITH RESPECT TO ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE OR LINKED WEBSITES, (3) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (4) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (5) THAT ANY INFORMATION OR RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, COMPLETE, CURRENT OR RELIABLE, (6) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT OR ANY OTHER INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (7) THAT ANY ERRORS OR DEFECTS IN THE SITE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE, WILL BE CORRECTED, AND (8) THAT THE SITE AND RELATED SYSTEM ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR LOSS OF DATA RESULTING FROM SUCH DOWNLOADS OR FOR ANY OTHER REASON RELATING TO USE OF THE SITE, AND FOR VERIFYING ANY INFORMATION OBTAINED THROUGH THE SITE.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONE OR MORE OF THE PARTIES OR THROUGH USE OF THE SITE SHALL CREATE ANY WARRANTY, UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT.
Limitation of Liability
EACH OF THE PARTIES EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, GOODWILL, USE OF THE SITE, ACCESS TO THE SITE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ONE OR MORE PARTIES WERE ADVISED OF SUCH POSSIBILITY, OR IF SUCH LOSS WAS FORESEEABLE IN ANY WAY, IF RELATED TO: (1) ACCESS TO THE SITE, (2) USE OF THE SITE, (3) COST OF SUBSTITUTE GOODS AND SERVICES (INCLUDING PROCUREMENT) RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH OR VIA THE SITE, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (5) THIRD PARTY STATEMENTS OR CONDUCT ON THE SITE, INCLUDING WITHOUT LIMITATION ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OFFENSIVE, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT, SPEECH OR COMMUNICATION, (6) THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, TIMELINESS, SUITABILITY, USEFULNESS OR APPLICABILITY OF ANY CONTENT, PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE, OR (7) ANY OTHER MATTER RELATED TO THIS AGREEMENT.
This Agreement constitutes the entire agreement between you and the Parties, and supersedes any prior agreements between you and the Parties. You may also be subject to additional terms and conditions which may apply when you use (a) the services and products of any third parties, and (b) any third party content, software or other proprietary information. If any provision under this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Any failure by the Parties, or any of them, to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. The Parties may assign their rights and obligations under this Agreement at any time and without notice to you.
One Year Limit
YOU AGREE THAT REGARDLESS OF ANY CONTRARY STATUTE OR LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.
The Parties may provide notices of changes to this Agreement or other matters related to the Site by displaying notices or links to notices to you generally through the Site.
Survival of Certain Provisions
The termination of this Agreement for any reason will not terminate the obligations or liabilities of the parties under the terms and conditions of this Agreement regarding warranties, liabilities, proprietary rights and all others that by their sense and context are intended to survive the execution, delivery, performance, termination and expiration of this Agreement.
This Agreement is governed, and construed and enforced in accordance with the laws of New York, without giving effect to the principles of conflicts of law thereof. By accessing and using the Site, you waive any defense of an inconvenient forum and any right of jurisdiction on account of the place of residence or domicile.