Terms of Use
Read This Terms of Use Agreement Before Accessing Website.
This website is owned and provided by OrthoSensor, Inc. (“OrthoSensor”), a manufacturer of medical devices in the field of orthopedics. The site may be used for informational purposes only. This Terms of Use Agreement sets forth the standards of use of the OrthoSensor website. By using the OrthoSensor.com website you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at OrthoSensor.com website. Your continued use of the site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
Disclaimer of Warranties
This website is provided by OrthoSensor on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, OrthoSensor makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. OrthoSensor shall have no liability for any interruptions in the use of this Website. OrthoSensor disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. In jurisdictions that do not allow the exclusion of implied warranties the above-referenced exclusion is inapplicable.
Medical and Product Information
The materials contained on this site are informational only and are not intended as medical advice or a substitute for medical advice. Consult your physician if you have any specific medical issues or questions.
OrthoSensor does not practice medicine. It does not recommend the specific medical techniques mentioned on this site and is not responsible for selection of the appropriate medical technique for any individual patient. Any offer for any product or service made on this site is void where prohibited.
Surgeon Advisory Board
Surgeon Advisory Board members may be paid consultants and developers of product lines related to OrthoSensor’s sensor systems. Payments will be defined by the ongoing DOJ evaluation of Orthopedic industry and consultant relationships.
Forward-Looking Statements
This website may contain forward-looking information and statements that are subject to risks and uncertainties that might cause actual results to differ from those foreseen. The user should not regard the inclusion of a forward-looking statement on this website as a representation or warranty by OrthoSensor that its plans and objectives will be achieved.
External Site Links
OrthoSensor is not responsible for any information contained in links to various external sites and e-mail addresses or for any correspondence the user may have with individuals connected with the linked sites and e-mail addresses. Links to and from other sites maintained by third parties do not constitute any content endorsement. OrthoSensor does not represent or endorse the accuracy or reliability of any advice, opinion, or other information shown on this website site by third parties or sites linked from this website or referenced on this website.
Limitation of Liability
ORTHOSENSOR, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ORTHOSENSOR, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ORTHOSENSOR, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
Indemnification
User agrees to indemnify and hold OrthoSensor, its parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the website, the violation of this Agreement, or infringement by User, or other user of the website using User’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Service
OrthoSensor reserves the right to modify or discontinue the website with or without notice to the User. OrthoSensor shall not be liable to User or any third party should OrthoSensor exercise its right to modify or discontinue the website. User acknowledges and accepts that OrthoSensor does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Governing Jurisdiction of the Courts
Our website is operated and provided in the State of Florida. As such, we are subject to the laws of the State of Florida, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Florida. Any legal action or proceedings related to this site shall be brought exclusively in a court in Broward County, Florida.
Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, images, interfaces, and the selection and arrangements thereof is ©2010 OrthoSensor.com, with all rights reserved, or is the property of OrthoSensor and/or third parties protected by intellectual property rights. The user may print a single copy of the content for personal noncommercial use. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of OrthoSensor is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of OrthoSensor.
OrthoSensorTM, Smart BoneTM, Smart KneeTM, Smart HipTM, Smart ShoulderTM, Smart SpineTM, and SensorAssistTM are proprietary marks of OrthoSensor. OrthoSensor’s trademarks may not be used in connection with any product or service that is not provided by OrthoSensor, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OrthoSensor.
All other trademarks displayed on OrthoSensor’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those owners.
Privacy
See the Internet Privacy Statement disclosures relating to the collection and use of your information.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, OrthoSensor.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Janet Lodenquai-Daniels
OrthoSensor, Inc.
1560 Sawgrass Corporate Pkwy
4th Floor
Sunrise, FL 33323
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. The User agrees that this Terms of Use Agreement and any other agreements referenced herein may be assigned by OrthoSensor, at its sole discretion, to a third party in the event of a merger or acquisition.
This document was last updated on May 20, 2010.