These terms of use describe the rules for users (“you” or “your”) of any website ("OSI Website") owned or operated by Orthopedic Sciences, Inc (“OSI”). OSI Websites may only be used by you for the following purposes:
By using an OSI Website or uploading materials to an OSI Website, you agree to abide by the terms of use set forth in this notice ("Terms of Use") and OSI’s Privacy Policy (“Privacy Policy”). If you do not agree to abide by the Terms of Use and the Privacy Policy, you are not permitted to use an OSI Website for any purposes.
The Terms of Use and Privacy Policy may also apply to the websites of any subsidiaries, divisions, and/or affiliates of OSI. Please review the Terms of Use posted on any such websites. OSI may change the Terms of Use at any time. By using an OSI Website, you represent and warrant that you accept these and any future version of the Terms of Use and Privacy Policy. The Terms of Use apply exclusively to your access to and use of any OSI Website and do not alter the terms or conditions of any other agreement you may have with OSI or its parents, subsidiaries, or affiliates regarding other topics than the use of any OSI Website.
Please read our Privacy Policy to understand the privacy rules regarding your use of OSI’s Website. Except as written in any other user agreements, disclaimers, policies, terms of use, statements, or other notices on an OSI Website, the Terms of Use and our Privacy Policy are the complete agreement between you and OSI with respect to your use of OSI’s Website.
The information contained in OSI Websites (i) is for general guidance on matters of interest only and shall not be assimilated to or substituted for legal or medical advice, and (ii) does not constitute an offer of or solicitation for the purchase of products or services unless otherwise explicitly stated.
This OSI Website is intended for users in the United States of America only. The products and services offered by OSI may be subject to different laws/regulations in other countries, including laws/regulations related to labeling, product design, product use, and authorization to market, sell, distribute, or use a product/service within such countries. Any reference to a product or service on this OSI Website 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.
OSI’s Website may contain from time to time information related to various health, medical, and fitness conditions and their treatment. Such information is not meant to substitute for the advice provided by a physician or other medical professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult a medical professional, such as a physician, to determine what courses of treatment, if any, may be appropriate for you. If you are a physician or other healthcare professional: (a) you recognize that the specific presentation of each patient is unique and that the treating physician or healthcare professional is in a unique position to diagnose and treat the patient; (b) you represent and warrant that you will exercise your sole and independent judgment, within the scope of your practice, in determining the proper diagnosis, care, or treatment of any patient; and (c) you will not rely on this OSI Website or any information contained in or associated with this OSI Website to make any determination regarding the diagnosis, care, or treatment of your patients.
The contents of OSI’s Website are protected by worldwide copyright and trademark laws, and no rights have been granted to you unless otherwise explicitly agreed by OSI. Your access to OSI’s Website should not be construed as granting any license or right to use any marks or other materials appearing on OSI’s Website.
In using any OSI Website, you agree: (a) not to disrupt or interfere with the security of, or otherwise abuse, the OSI Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the OSI Website or affiliated or linked websites; (b) not to disrupt or interfere with any other user's enjoyment of the OSI Website or affiliated or linked websites; (c) not to upload, post, or otherwise transmit through or on any OSI Website any viruses or other harmful, disruptive or destructive files; (d) not to attempt to obtain unauthorized access to the OSI Website or portions of the OSI Website which are restricted from general access; and, (h) not use an OSI Website to seek, provide or obtain specific medical advice, medical opinion or diagnosis as applied to a patient’s particular condition or situation.
All content available through an OSI Website, including but not limited to data, technical drawings, configurations, quote, and order information, and catalog listings, are believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product, or service available through any OSI Website. Specifications for products and services are subject to change without notice, and OSI reserves the right to make changes without notice to processing, materials, or configuration. OSI does not guarantee that products or services listed online will be available at the time of your order.
OSI may terminate, change, suspend or discontinue any aspect of an OSI Website, including the availability of any features, at any time. OSI may remove, modify or otherwise change any content, including that of third parties, on or from an OSI Website. OSI may impose limits on certain features and services or restrict your access to parts or all of an OSI Website without notice or liability. OSI may terminate the authorization and rights provided herein and your use of any OSI Website at any time in its sole discretion, and upon such termination, you shall immediately destroy all materials that you have downloaded from any OSI Website.
For your easy accessibility, OSI may include links to websites on the internet that are owned or operated by third parties to which this Terms of Use does not apply. OSI is not responsible for the content of such other websites. You also agree that OSI has no control over the content on third-party websites and cannot assume any responsibility for material created or published by such third-party websites. Therefore, when linking to such a third-party website, you should review and agree to that website’s rules of use before using such a website. In addition, a summary and/or link to a non-OSI Website does not imply that OSI endorses the website or the products or services or warrants the accuracy of any content referenced in such third-party website. OSI shall not be liable for any damages or injury arising from users' access to or inability to access such websites.
By submitting material to any of our servers, for example, by e-mail or via the internet, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (c) you own the material or have the unlimited right to provide it to us and OSI may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability; (d) you agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third-party takes action against us in relation to the material you submit; (e) does not violate the terms of this Agreement, OSI’s Privacy Policy or any other agreement (if applicable); and (f) and that you shall be responsible for the content and information contained therein, including all required consents, its truthfulness and accuracy.
To the fullest extent permissible pursuant to applicable law, OSI and its affiliates disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. You expressly agree that any use of an OSI Website, including all content, data, or software distributed by, downloaded, or accessed from or through an OSI Website, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system, or loss of data that results from the download of such content, data, and/or software. OSI does not make any warranty that its websites or content will meet your requirements, or that an OSI Website or its content will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. Nor does OSI make any warranty as to the results that may be obtained from the use of an OSI Website or its content or as to the accuracy, completeness, or reliability of any information obtained through the use of any OSI Website. OSI assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, errors, system downtime, network or system outages, or file corruption caused by the negligence of OSI, its affiliates, its licensors, or a user's errors and/or omissions. Except as otherwise provided under applicable laws and regulations regarding the security of personal data, OSI disclaims any warranty or representation that confidentiality of information transmitted through an OSI Website will be maintained. No advice or information, whether oral or written, obtained by you from OSI or third parties through any OSI Website shall create any warranty. Some states do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL OSI OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE AN OSI WEBSITE OR ANY CONTENT CONTAINED ON AN OSI WEBSITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF OSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK, EVEN IF OSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF OSI WOULD, IN SUCH CASE, BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Any claims related to these Terms of Use shall be determined in federal and state courts in the State of Kansas, and each party irrevocably submits to the jurisdiction of such courts with respect to any such dispute. If any provision in these Terms of Use is found invalid or unenforceable for any reason, then that provision shall be severed from, and shall not affect the validity or enforceability of, the remaining provisions of these Terms of Use.
These Terms of Use were updated on July 1, 2022, and are subject to change.