Legal Disclaimer
Legal:
Introduction
Welcome to the ArthroCareSpine.com web site. ArthroCare® Corporation created and
maintains this web site to provide information to and communicate better with physicians,
patients, investors, and others who may be interested in learning more about ArthroCare
Spine and the products it offers. You may use this web site, provided you comply
with these terms and conditions listed below.
Your Acceptance of These Terms and Conditions
Please take a few minutes to carefully review these terms and conditions. BY ACCESSING
AND USING THIS WEB SITE YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS, USE OR DOWNLOAD MATERIALS FROM THIS WEB SITE.
These Terms and Conditions May Change
ArthroCare Sports Medicine reserves the right to update or modify these terms and
conditions at any time without prior notice. Your use of this web site following
any such change constitutes your agreement to follow and be bound by the terms and
conditions as changed. For this reason, we encourage you to review these terms and
conditions every time you use this web site. These terms and conditions were last
revised on February 22, 2007.
Copyright Notice and Limited License
All of the works of authorship on this site (the "Content"), including, for example,
all of the text, directories, photographs, illustrations, graphics, audio clips,
video clips, and audio-video clips, are protected under United States copyright
law and applicable international copyright laws and treaty provisions. The copyrights
in the Content are owned by ArthroCare Corporation or by one of its affiliates,
or by third parties who have licensed their materials to ArthroCare. The entire
Content of this site is protected as a collective work under United States copyright
laws and applicable international copyright laws and treaties. ArthroCare owns the
copyright in the selection, coordination, arrangement and enhancement of the Content.
You may download, store, print, and copy selected portions of the Content of this
site, provided you:
- Only use the Content you download for your personal, noncommercial use or to
further your business dealings with ArthroCare Spine.
- Do not publish or post any part of the Content on any other Internet site without
obtaining the prior written consent of ArthroCare Spine.
- Do not publish or broadcast any part of the Content in or on any other media
without obtaining the prior written consent of ArthroCare Spine.
- Do not modify or alter the Content in any way or delete or modify any copyright
or trademark notices or notices of confidentiality.
No right, title or interest in the downloaded Content is transferred to you when
you download Content from this site.
ArthroCare reserves all intellectual property rights in any Content you download
from this site.
Except as expressly stated above, you may not copy, download, print, publish, display,
perform, distribute, transmit, transfer, translate, modify, add to, update, compile,
abridge or in any other way transform or adapt all or any part of the Content of
this site without first obtaining written permission from ArthroCare.
Trademark Notice
All of the trademarks, service marks and logos displayed on this web site (the "Trademark(s)")
are registered and unregistered trademarks of ArthroCare, one of its affiliates,
or third parties who have licensed their Trademarks to ArthroCare or one of its
affiliates. Except as expressly stated in these terms and conditions, you may not
reproduce, display or otherwise use any Trademark without first obtaining ArthroCare
Corporation's written permission.
Unsolicited Ideas
ArthroCare Spine welcomes your comments and feedback regarding this web site. All
information and materials, including comments, ideas, questions, designs, and the
like, submitted to ArthroCare Spine through this web site will be considered NON-CONFIDENTIAL
and NON-PROPRIETARY. For this reason, we ask that you not send us any information
or materials that you do not wish to assign to us, including any confidential information
or any original creative materials such as product ideas, computer code, or original
artwork.
By submitting information or materials to ArthroCare through this web site, you
assign to ArthroCare, free of charge, all worldwide rights, title and interest in
all copyrights and other intellectual property rights in the information or materials
you submit. ArthroCare shall be entitled to use any information or materials you
submit through this web site for any purpose whatsoever, without restriction and
without compensating you in any way.
Links to Other Web Sites
This site may contain hyperlinks to web sites that are not operated by ArthroCare.
These hyperlinks are provided for your reference and convenience only, and do not
imply any endorsement of the material on these third-party web sites or any association
with their operators. ArthroCare does not control these web sites and is not responsible
for their content. These third-party web sites (and the web sites to which they
link) may contain information about uses of products that have not been approved
or cleared by the Food and Drug Administration. ArthroCare does not endorse any
such "off-label" uses. These third-party web sites (and the web sites to which they
link) may contain information that is inaccurate, incomplete, or outdated. You access
and use these web sites (and the web sites to which they link) solely at your own
risk.
Not a Substitute for Medical Advice
The information provided on this site is not intended nor recommended as a substitute
for professional medical advice. Do not use the information on this site as a substitute
for professional medical advice. Always seek the advice of your physician or other
qualified health provider regarding any medical condition or treatment. Nothing
contained on this site is intended to be for medical diagnosis or treatment.
Website Privacy Policy
Any personally identifiable information in electronic communications to this Internet
site is governed by this site's Privacy Policy.
DISCLAIMER OF WARRANTIES
THIS WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES
OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, ARTHROCARE
AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ARTHROCARE DOES NOT
REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. ARTHROCARE
DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES,
WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS
ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS
PROGRAMS. INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND
MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. ARTHROCARE DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY
OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION
PUBLISHED ON THIS WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION
OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL ARTHROCARE,
ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS,
BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION
PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT
APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT,
GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY
OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF ARTHROCARE OR ITS
AFFILIATES HAS BEEN ADVISED HAVE OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO
THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold ArthroCare Corporation harmless from any
and all liabilities, costs, and expenses, including reasonable attorney fees, related
to any violation by you of the terms and conditions of this Agreement.
Governing Law and Jurisdiction
This web site is controlled and operated by ArthroCare from its offices within the
United States. Any claim relating to, and the use of, this web site are governed
by the laws of the State of Texas, United States of America. By using this web site,
you consent to personal jurisdiction in the federal and state courts in Austin Texas,
for any action arising out of or relating to this web site or your use of this web
site. The federal and state courts of Texas shall have exclusive jurisdiction over
all such actions. If any part of this Agreement, its terms or conditions, is deemed
to be unlawful, void or unenforceable, that part will be deemed severable and will
not affect the validity and enforceability of any remaining provisions.
Entire Agreement
This Agreement constitutes the entire agreement between you and ArthroCare with
respect to your access to and/or use of this web site.