Terms of Use - Orthofix

Terms of Use and Legal Restrictions

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE (“SITE”). These Terms of Use were last updated on April 17, 2019. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the site. By using this site, it means you accept the most recent version of the Terms of Use. These Terms of Use ONLY apply to THIS site. You should review the terms of use posted on OTHER ORTHOFIX websites when you visit them. The Terms of Use apply exclusively to your access to and use of the site and do not alter the terms or conditions of any other agreement you may have with ORTHOFIX or its parents, subsidiaries or affiliates regarding other topics than the use of THIS site. Please read our Privacy Statement to understand the privacy rules about your use of THIS site.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

About the Site. This Site is owned and operated by Orthofix. Orthofix is the name we use to refer to our whole business, including Orthofix Medical Inc. and any of the companies that it controls, including subsidiaries and affiliates. The Site provides information on products and services offered by Orthofix. The materials on this Site are for your general educational information only. Information you read on this Site cannot replace the relationship that you have with your healthcare professional. This Site contains information about products and therapies approved and cleared for use in the United States, and is intended for a United States audience. If you live outside the U.S., you may see information on this website about products or therapies that are not approved or marketed in your country.

Use of Site. The materials on this Site belong to or are licensed by Orthofix. Orthofix also owns or holds licenses for the names used for products and services on this Site, and these names are protected by United States and foreign trademark laws. All trademarks are the property of their respective owners. Orthofix permits you to view, download, print, and e-mail a single copy of the materials from this Site only for your personal, non-commercial internal use, as long as 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. There may be special rules for the use of materials provided on certain parts of this website. These special rules will be posted near the materials. 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.

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.

Regarding Orthofix Products. The majority of Orthofix products are available for sale globally. However, a reference to an Orthofix product or service on this Site does not imply that such product or service is or will be available in your country where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product or service in your country and you should always rely on product information especially created for your country. This Site contains information about products and services that may or may not be available in any particular country or region of the world and where applicable may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. Any products not commercially available in the U.S. or Internationally will not appear in the U.S. or International navigations, respectively.

User Feedback and Comments. Although Orthofix appreciates and wants to receive feedback, please understand that any comments, materials, 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. If you publically post Communications you are responsible for your own Communications and the consequences of posting your Communications. If you choose to post Communications or submit Communications, you agree to do so solely for lawful purposes and you hereby grant Orthofix an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Orthofix is free to use them for any purpose. Orthofix reserves the right to remove any Communication, which is abusive, illegal, disruptive, or that otherwise Orthofix finds to violate this Terms of Use or any Orthofix policies.

Orthofix will not ask for and does not want patient information that could be linked to an individual provided in any Communications. 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 you will use your best efforts to cause all persons or entities under your direction or control to comply with such laws. 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.

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 control nor 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, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE 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 OFFICERS, DIRECTORS, EMPLOYEES, 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: (i) your breach of the terms of this Agreement; and (ii) your unauthorized or unlawful use of the Site.

Applicable Laws. These Terms of Use shall be governed by the laws of the State of Texas and claims shall be determined in the state and federal courts of the State of Texas, U.S.A. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions.

QUESTIONS, COMMENTS, AND NOTICES. Orthofix may deliver notice to you by electronic mail, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with Orthofix. You may deliver notice to Orthofix by using the Contact Us feature.