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OrthoConnect.com

Terms of Service

Rev. Mar 2013

Welcome to OrthoConnect.com. These Terms of Service (these "Terms") are a binding legal agreement between you and OrthoConnect, LLC ("OrthoConnect" or "we", “our” or the like, as the context suggests), regarding your use of services available at the website at OrthoConnect.com (the “Website” and, collectively with the services thereon, the "Service"). Please read these Terms carefully. By registering an account or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy available at http://www.orthoconnect.com/privacy-policy.

In addition, when using certain features of the Service, you also will be subject to the guidelines, terms, and agreements applicable to such features ("Policies" or “Policy”). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms in the Policy will control.

We may periodically make changes to these Terms. By accessing or using the Service, you accept these Terms and any modifications that we may make to these Terms. It is your responsibility to review the most recent version of these Terms frequently and remain informed of any changes to it. If you continue to use the Service after we modify these Terms, you will be deemed to have consented to the modified Terms for your use of the Service as of the date of the modification. If you do not agree to these Terms then do not utilize this Service or download any applications from this website. If you have purchased a paid plan to access upgraded features of the Service (a “Plan”), you may be asked to read and click to accept updated Terms when you log in to your account. If you choose not to accept the updated Terms, you may cancel your Plan in accordance with Section 9 and obtain a pro-rata refund of any pre-paid Plan fees, based on the number of days remaining in the term of your Plan after the date of cancellation.

1. The Service

OrthoConnect provides, through the Service, an online community for physicians and other visitors to the Service (all such visitors, including Corporate Users, “User(s)”) to learn about companies that offer sports medicine services, orthopedic devices, surgical solutions, and related products (“Corporate User(s)”) and the products and services offered and sold by Corporate Users. The Service may include media or media services containing product or device descriptions, tutorials, instructional information, photographs, videos, news, promotional materials, sponsored products, and other information related to products, devices, or services ("User Material") provided or produced by Users . OrthoConnect is not involved in any transactions between Users and Corporate Users that result from the Service, and has no authority to act on behalf of either under these Terms.

The Service does not provide medical advice. The content on the Service is for informational purposes only and is not intended to be used as medical advice, diagnostic information, or treatment recommendations, or as a substitute for your own medical professional opinion or that of your doctor. Your use of the Service does not create an express or implied physician-patient relationship between you or your patients and OrthoConnect. OrthoConnect does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service. Furthermore, OrthoConnect does not confirm the accuracy of any commentary, information or product descriptions posted to the Service by any User, including information posted by Corporate Users.

2. Eligibility

You must be 18 years of age or older to use the Service. Use of the Service is void where prohibited. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into and abide by these Terms. If you are using the Service on behalf of a Corporate User, you represent and warrant that you have the authority to act on that entity's behalf and to bind that entity to these Terms. In the case of a Corporate User, “you” means the Corporate User.

3. Account Registration

All Users must create an account to use certain features of the Service (an “Account”). When you register to create an Account, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service ("Registration Data"); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; and (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete. You agree not to use the account, login name, or password of another user. You will notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at customercare@orthoconnect.com. You will be held strictly liable for all uses or actions occurring under your password.

When you create an Account, you will automatically be subscribed to receive our OC Newsletter at the email address you provide as part of your Registration Data. You may also elect to subscribe to certain companies, by opting in through their company profile page, to receive emails when the company uploads new products and articles. By default, the contact information you provide with your Registration Data will be available to all companies to which you subscribe. If you wish to stop receiving email from us, adjust the frequency of newsletters you receive, cancel any company subscription, or hide your contact information from some or all of your company subscriptions, you may do so by adjusting the settings under the “Email and Subscriptions” tab of your Account.

4. Plans

If you purchase a Plan, you will have access to the additional features and functionality applicable to your Plan, as further described on the “Billing and Plans” tab of your Account (“Plan Description”). Under certain Plans, you may receive a limited number of messages, as identified under the Plan Description for your Plan (the “Message Limit”) from physicians who create an Account. , You will only receive messages up to the Message Limit, regardless of the source or nature of such messages. We are not responsible for the content or type of messages sent.

5. Fees

If you choose to purchase a Plan (see the Website for Plan descriptions and limitations), fees paid for the Plan are non-refundable, except as expressly provided in these Terms or a Policy.

If you purchase a Plan, you agree to pay to OrthoConnect all applicable fees for the Plan, including the fee for the applicable subscription (e.g., monthly or yearly), taxes, and other charges (such as sales, use, excise, public utility and other taxes) levied by domestic or foreign governments. OrthoConnect reserves the right to change the fees charged for Plans from time to time in its sole discretion. The Plan fees are payable according to the payment method you specify when you purchase a Plan. If you specify a credit card as your preferred method of payment, you hereby authorize OrthoConnect (either directly or through a third party payment processor) to charge the credit card you provide at the time of purchase. A record of your payment will be listed in your Account under the “Billing and Plans” tab. If you use a corporate credit card or billing instrument, you affirm that you are authorized to use the corporate card or billing instrument for such purposes. OrthoConnect is not responsible for any expenses or charges (e.g., for exceeding credit card limits) resulting from the fees and charges billed by OrthoConnect. OrthoConnect may, in its sole discretion, suspend or cancel a delinquent account or refuse the holder of such account access to the Service. You are responsible for all charges associated with your Account. If you revoke authorization to charge your card (without arranging an alternate method of payment with OrthoConnect), or if for any reason your card issuer does not pay OrthoConnect, OrthoConnect will continue to attempt to charge your card up to 3 days delinquent, after which OrthoConnect can suspend your Plan. If your Plan is suspended or terminated, your published content that is available to your Plan but not available with a basic Account will no longer be publicly viewable.

If you wish to terminate your Plan and avoid payment obligations for a subsequent month or year, you must call us ([phone number]) within 7 days of your next billing date, or email OrthoConnect at customercare@orthoconnect.com. Monthly Plan subscription fees are payable on a monthly cycle, and the monthly renewal date is the same day of the month that you first subscribed (though OrthoConnect may also offer multi-month, annual and other tiers, in which case Plan fees will be payable according to the subscription cycle that you registered for). OrthoConnect will not send you a monthly statement.

OrthoConnect may modify its Plan prices at any time. If OrthoConnect modifies its price for any Plan which renews automatically, OrthoConnect will give you notice of the new prices at least 30 days before the beginning of the renewal term in which the prices will be effective. If you have received such a notice and do not cancel your subscription as described in this Section, you agree to the new prices and authorize OrthoConnect to charge you accordingly.

If you believe you have been incorrectly charged, you must notify us of such disputed charges within the time provided for in your credit card agreement or you waive your right to dispute those charges. Please contact OrthoConnect by email at customercare@orthoconnect.com, so that we can review your account. OrthoConnect may require you to describe the dispute in writing. Any written communications concerning disputed amounts owed must be sent to:customercare@orthoconnect.com or OrthoConnect at 9247 Alden Dr., Beverly Hills, CA 90210.

6. Use Restrictions

You will not: (a) use the Service for any commercial purpose except for as provided in these Terms; (b) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (e) hyperlink or deep-link to any portion of the Service for any purpose without our express written permission; (f) "frame", "mirror," or otherwise incorporate any part of the Service into any other website without our prior written authorization; (g) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation, including without limitation those related to medical privacy or the advertising and promotion of medical devices; or (h) use the Service to engage in any deceptive trade practice including, but not limited to: spoofing, slamming, cramming, phishing, attempting to scam or defraud a User into surrendering private and personal information, or any other illegal activity.

7. Interactive Services

The Service may include interactive features and services, including social networking functionality, forums, message boards, ratings or review functionality, and similar services, in which you or third parties may send messages to Service users, and create, post, or store profile data, product descriptions, photographs, ratings or reviews, and other User Material on the Service ("Interactive Services"). You are solely responsible for your use of Interactive Services and use them at your own risk. You are responsible for the User Material you post or direct us to post to the Service. OrthoConnect takes no responsibility and assumes no liability for any User Material posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is OrthoConnect liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Service or in your dealings with other users. OrthoConnect does not endorse any of the products or services posted or discussed on the Service, and you will not imply that OrthoConnect endorses your User Material. By uploading User Material to the Service, you represent and warrant to all Users that the User Material is accurate, current, and not misleading or deceptive. It is your responsibility to update your User Material to ensure that it is current, accurate and complete. BECAUSE YOU ARE RESPONSIBLE FOR THE MATERIAL YOU POST TO THE SERVICE, YOU MAY EXPOSE YOURSELF TO PENALTIES AND LEGAL LIABILITY FOR POSTING YOUR MATERIALS. ALSO, WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY USE OF THE USER MATERIAL YOU POST OR REQUEST US TO POST TO THE SERVICE. PLEASE CONSIDER WHETHER YOU WANT USER MATERIAL PUBLISHED BEFORE YOU PROVIDE IT TO US OR POST IT TO THE SERVICE. WE RETAIN THE RIGHT, BUT NOT THE OBLIGATION, TO TAKE DOWN OR CENSOR ANY USER MATERIAL THAT IN OUR SOLE DISCRETION VIOLATES ANY RESTRICTIONS DEFINED HEREIN, WITHOUT PRIOR NOTICE TO YOU.

By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:

  • Materials that are unlawful, libelous, defamatory, discriminatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
  • Material that misrepresents your affiliation with any person or entity or impersonates another person or entity;
  • Material that violates, or that causes us or our affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction, including any off-label use of any device or service;
  • Material that infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
  • Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or User Material that impersonates any person or entity, or misrepresents your affiliation with the Service or with any other person or entity;
  • Material that contains any audio, video, or written testimonial, or any personal image that is not either fully de-identified in accordance with the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA") or the subject of any and all consents or authorizations necessary to post, transmit, distribute, upload, or otherwise disseminate through the Service.
  • Material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Service that are expressly designated as portions in which such Material is allowed);
  • Comments that in any way refer to persons under 18 years of age;
  • Reviews of any business you own or have a personal interest in, trade reviews, or if you are a Corporate User, reviews of a competitor's business (unless you have been a customer of the competitor), or reviews of business where the business paid you for the review;
  • Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
  • Material that, in our sole judgment of, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Service, or which may expose us or our users to harm or liability of any nature.

We take no responsibility and assume no liability for any User Material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that User Material.

If you post User Material on or through the Service, then, unless we indicate otherwise, you (a) grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Material throughout the world in any media; (b) grant us and our affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such User Material, if we choose; and (c) represent and warrant that you own and control all of the rights to the User Material that you post, or you otherwise have the right to post such User Material to the Service; and the use and posting of User Material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.

8. Modifications to the Service

OrthoConnect reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in our sole discretion, including, but not limited to, (a) restricting the time the Service is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user's right to use the Service, at OrthoConnect’s sole discretion and without prior notice or liability.

Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.

9. Term and Termination

Your Account remains in effect unless you cancel it or unless OrthoConnect terminates your Account as provided by these Terms. If you wish to terminate your Account, please email OrthoConnect at customercare@orthoconnect.com. If you wish to terminate your Plan and avoid payment obligations for a subsequent month or year, you must call us ([phone number]) within 7 days of your next billing date, or email OrthoConnect at customercare@orthoconnect.com. Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your Account and to block, restrict, and prevent your future access to, and use of, the Service. You understand that any termination of your Account may involve deletion of your Account information and all the information stored for such account. OrthoConnect will not have any liability whatsoever to you for any termination of your Account or Service, or related deletion of your information.

10. Feedback

Any User Material, including but not limited to comments, suggestions, ideas, identifying potential errors and improvements, or other information, provided by you in the form of email or other submissions to us (excluding User Material that you post on the Service in accordance with these Terms) (collectively "Feedback"), are non-confidential and you hereby grant to us perpetual and irrevocable license to use your Submissions for any purpose without compensation or attribution to you.

11. Copyright Infringement

We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the User Material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe that your User Material that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Material, you may send a counter-notice containing the following information to the copyright agent: (1) your physical or electronic signature; (2) identification of the User Material that has been removed or to which access has been disabled and the location at which the User Material appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the User Material was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Mateo County, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed User Material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Our designated agent for notice of copyright infringement can be reached at:

OrthoConnect, LLC
Attention: Adam Fanton
9247 Alden Dr.
Beverly Hills, CA 90210
customercare@orthoconnect.com

12. Trademarks

Any trademarks, service marks and other marks and indicators of source or origin that are displayed on the Service are the proprietary property of OrthoConnect or our respective licensors suppliers or licensors, as applicable. All trademarks, registered trademarks, product names and company names or logos of third parties mentioned on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Service without the express written permission of the trademark owner.

13. Ownership

As between you and us, we, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Services (excluding User Material). As between you and us, subject to any licenses and rights expressly granted herein, any User Material posted by you is owned by you. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.

By visiting the Website, you acknowledge that the Website contains information, software, photos, video, text, graphics, music, sounds or other User Material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. All Content is copyrighted as a collective work under the U.S. copyright laws, and OrthoConnect owns a copyright in the selection, coordination, arrangement and enhancement of such Content. OrthoConnect’s physician members and partners may also have additional proprietary rights in the content that they make available through the Website. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. Modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited. In the event you download software or applications, including mobile applications provided by OrthoConnect, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by OrthoConnect pursuant to a license agreement governing the Software. OrthoConnect does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

14. Third-Party Content

The Service may contain links to webpages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.

Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.

The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

15. Privacy Policy

We may collect registration and other information about you through the Service. Our collection and use of this information is described in the Privacy Policy available at http://www.orthoconnect.com/privacy-policy.

16. Indemnification

You will defend, indemnify and hold harmless OrthoConnect, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

17. Disclaimer of Warranties

YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY USERS, INCLUDING CORPORATE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ORTHOCONNECT AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM 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, AND NON-INFRINGEMENT. ORTHOCONNECT DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING ORTHOCONNECT THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Without limiting the generality of the foregoing, OrthoConnect makes no warranties whatsoever, express or implied, regarding the accuracy, completeness, timeliness, or usefulness of any information contained or referenced in the Service. Health-related information and technology change frequently and therefore information contained on the Service may be outdated, incomplete or incorrect. OrthoConnect does not assume any risk whatsoever for your use of the Service or the information contained on the Service.

18. Limitation of Liability

NEITHER ORTHOCONNECT NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ORTHOCONNECT OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE MAXIMUM TOTAL LIABILITY OF ORTHOCONNECT AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

19. Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must keep your email address current and accurate because OrthoConnect will use your email address to contact you.

20. General Legal Notices

Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.

These Terms are governed by the laws of the State of California, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Service or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in San Mateo County, California and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.

These Terms and any additional terms and conditions accepted by you when registering for a specific Service constitute the entire agreement between you and OrthoConnect concerning the Service. These Terms supersede all prior agreements or communications between you and OrthoConnect regarding the subject matter of these Terms.

21. Questions & Contact Information

If you have any questions or concerns about the Service, or these Terms, you may contact OrthoConnect through our website at customercare@orthoconnect.com or write us at:

OrthoConnect, LLC
Attn: Adam Fanton
9247 Alden Dr.,
Beverly Hills, CA 90210

22. International Use

Although this site may be accessible worldwide, we make no representation that User Materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

Disclaimer: The information on this website is intended for the use by surgeons and other orthopedic professionals. It is not intended for the general public. The information on this website may not be complete or accurate. While the information on this site is about health care issues and sports medicine, it is not medical advice. We are not responsible for the content posted on this site and its timeliness. OrthoConnect does not sell or endorse any of the products described on this website or guarantee that product descriptions and information are accurate, reliable or current. Please refer to the applicable manufacturer’s website to verify product information. See Site Terms / Full Disclaimer.