1. Access to the Site
Certain areas of the Site may contain information intended for licensed medical professionals or others with certain qualifications. Surgistar reserves the right to limit access to certain areas of the Site to users who register and meet certain criteria established by Surgistar.
2. Modifications to Site
Surgistar reserves the right to modify or discontinue all or any portion of the Site, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. Surgistar shall not be liable to you or any third party in the event that Surgistar exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.
3. Trademark and Copyright Notice
Trademarks, service marks and logos displayed on the Site are registered and unregistered trademarks of Surgistar. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on the Site or in commercially produced information presented to you through the Site by Surgistar is protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use such content as expressly authorized by Surgistar. Nothing contained herein transfers any right, title, or interest in the Site or its content to you and all rights not expressly granted herein are reserved. Surgistar will enforce its intellectual property rights to the fullest extent of the law. The images intended for download by You located on the Site are copyrighted works authored and owned by Surgistar. You may download, view, copy and print content contained on the Site, subject to the following:
- (a) such content may be used solely for personal, informational, or internal business purposes and may not be sold, licensed, or distributed in any electronic or other form;
- (b) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
- (c) such content may not be altered or modified from its original downloaded form in any way, including, but not limited to, colorization, cropping, or editing;
- (d) such images may not be grouped with other images as part of a collective work or used to create a derivative work, nor shall any image be associated with another to connote approval or endorsement for any commercial, political, illegal, pornographic, or other immoral purposes; and,
- (e) no graphics may be used separate from accompanying text.
Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror any images downloaded or obtained from the Site onto another web service, use any meta tags, inline any graphics or distribute any content contained on the Site in whole or in part without the express written permission of Surgistar. Requests for such permission should be made to CustomerService@surgistar.com.
Certain product, service, or company designations for companies other than Surgistar may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks by such companies. Please contact the appropriate companies for more complete information regarding such designations and their registration status.
THE SITE AND ALL CONTENT CONTAINED ON THE SITE, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SURGISTAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SURGISTAR MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY PRODUCTS DESCRIBED IN THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. SURGISTAR SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SURGISTAR OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5. Limitation of Liability
IN NO EVENT SHALL SURGISTAR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, EVEN IF SURGISTAR WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. No Resale of the Site
Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of Surgistar.
You agree to indemnify, defend and hold Surgistar, its shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms.
8. Void Where Prohibited
The Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on the Site is accessible to users outside of the U.S, the information pertaining to Surgistar products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. Surgistar reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on the Site is void where prohibited.
In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, the determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void, and shall not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision. Surgistar’s failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
These Terms shall be governed by and construed in accordance with the laws of the state of California without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the state of California, the laws, rules and regulations of the state of California shall govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You hereby consent to personal jurisdiction by the courts located in Santa Clara County, California.
Surgistar may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of Surgistar.
By accessing the Site, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
11. Contact Information
If you have any questions regarding these Terms or the Site, please contact Surgistar at CustomerService@surgistar.com.