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The Orthofix group of companies (“Orthofix”) authorizes users (“Users”) 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. These Terms also relate to the Physician Locator’ Service provided for in this Site in the section “Find a Physician” (hereafter referred to as the “Service”), through which Orthofix provides only to US resident Users information on pediatric orthopedic surgeons and medical specialists (the “Professionals”) who have received training on and are authorized to use one or more of the Orthofix Pediatric solutions listed in the “Pediatric Solutions” section of this Site, in the area identified by the User (hereafter the “Area”).
In any case, note that Orthofix suggests Users to contact a medical specialist to obtain a diagnosis and identify the specific treatment they require. Orthofix will in no case be held liable for use of, or failure to use, information contained in this Site by any User, including Professionals.
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.
The content available through this 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 this 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.
The services provided through this 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 this Site and the services. You agree that we, our licensors, and all other persons or entities involved in the operation of services provided through this 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 THIS SITE OR THE SERVICES.
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 this 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.
The Professionals listed in this Service include only those who: (i) are located in the United States, (ii) have requested and received appropriate training on one or more of the Orthofix Pediatric solutions listed in the “Pediatric Solutions” section of this Site, (iii) are authorized by Orthofix to use Orthofix applications, and (iv) have consented to the inclusion of their information in the Service. Orthofix does not use any other criteria to identify the Professionals, and no Professional has paid a fee to participate in the Service.
There may also be other Professionals working in the same Area who are not identified by the Service but have received appropriate training on and are authorized to use one or more of the Orthofix Pediatric solutions listed in the “For Physician” section of this Site.
The Service lists Professionals within the Area by proximity to the location searched for.
Orthofix does not make any recommendation, endorsement, warranty or representation, express or implied, regarding the abilities or qualifications of the Professionals listed in the Service, as it relates to the User’s particular condition or circumstance or otherwise. The decision to contact or receive care from one of the Professionals identified by the Service is an independent decision made by the User. Users should contact a qualified medical professional of their own selection for assistance in making all medical decisions.
The Service does not constitute acceptance of any liability on the part of Orthofix in relation to the accuracy and/or completeness and/or up-to-date state of the information provided to the User.
Orthofix does not accept liability associated in any manner with services provided by any Professionals contacted using the information made available on this Site.
Consultation of the Service is reserved exclusively for Users who reside or are domiciled in the USA.
Users who use the Service therefore declare under their own liability that they reside or are domiciled in the USA.
THE MATERIALS PROVIDED AT THIS SITE AND THE SERVICE 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 this 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.
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, THE SERVICE, 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:
OrthofixKids and Orthofix are trademarks or registered trademarks of Orthofix Holdings Inc.
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 this Site, you agree that you will not use this 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 this 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:
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 protected].
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 2014. Note: Anyone linking to Orthofix’s Web site must comply with all applicable laws.
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