Website Terms & Conditions

Introduction

Welcome to the BionX® website (the “website”). BionX, Inc. has created and maintains this website (the “website”) to provide information to and communicate better with people who may be interested in learning more about BionX. This page (and the documents referred to on it) set out the terms for use of this website. You may use this website, provided you comply with these terms and conditions.

BionX is incorporated in Delaware, U.S.A. and the address of our corporate headquarters is 4 Crosby Drive, Bedford MA, 01730, USA.

Your Acceptance of These Terms and Conditions

Please carefully review these terms and conditions. By accessing and using any part of this website or by submitting any data online to us, BionX Customers (which are clinician and practices that are trained and certified to provide BionX to people who qualify), or any entity that we may use to assist us with respect to this website, you signify your acceptance of these terms and conditions and our privacy policy in full. If you do not accept these Terms and Conditions and the Privacy Policy, you must leave this website, subdomain or other website address operated by us immediately and must not submit any information or data to us online.

Accessing this Website

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the website without notice. To the extent permitted by applicable law, we will not be liable if for any reason our website is unavailable at any time, or for any period. We may at any time restrict access to some, or all, of the website. You are responsible for ensuring that you have made all necessary arrangements to have access to the website and for ensuring that anyone who accesses the website through your internet connection is aware of these terms and conditions and that they comply with them.

These Terms and Conditions May Change

We reserve the right to update or modify these terms and conditions at any time. For this reason, we encourage you to review these terms and conditions every time you use this website. We will typically highlight any substantive changes to you, where possible, by putting a notice on this page of this website. If you choose to use this website after the modification of these Terms and Conditions, your use will be taken as evidence of your agreement and acceptance of the revised terms and conditions. Certain parts of this legal notice may be superseded at any time by expressly designated legal notice or terms. These terms and conditions were last revised on March 2, 2015.

Changes to this Website

We aim to update this website regularly, and may change the Content (as defined below) at any time. We may suspend access to the website, or shut it down permanently. Any of the Content may be out of date at any given time, and we are under no obligation to update the Content.

Intellectual Property Rights and Limited License

Everything you see and hear on this website (the “Content”) including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is protected under relevant intellectual property laws, including copyright law. The intellectual property rights in the Content (including any improvements to it) are owned by us or by one of our affiliates, or by third parties who have licensed their materials to us. You may only download, store, print, and copy selected portions of the Content of this website, provided you:

  1. Only use the Content you download for your personal, non-commercial use or to further your business dealings with us;
  2. Always acknowledge our status (and that of any identified contributors) as the authors of the Content on this website;
  3. Do not publish or post any part of the Content on any other Internet site without obtaining our prior written consent;
  4. Do not use any of the photographs, illustrations, graphics, audio clips, video clips, and audio-video clips separately from any accompanying text;
  5. Do not publish or broadcast any part of the Content in or on any other media without obtaining our prior written consent; and
  6. Do not modify or alter the Content (including paper copies) 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 website. We reserve all intellectual property rights in any Content you download from this website. 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 without first obtaining our written permission.

If you think that any of the Content on this website infringes a copyright, trademark, patent or other right of another party, please contact us via the phone number on this website.

Trademark Notice

All of the trademarks, service marks and logos displayed on this website (the “Trademark(s)”) are registered or unregistered trademarks of BionX®, one of our affiliates, or third parties who have licensed their Trademarks to us or one of our affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining our written permission.

Unsolicited Ideas

We welcome your comments and feedback regarding this website. All information and materials, including comments, ideas, questions, designs, and the like, submitted through this website will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, you must not send us any information or materials that you do not wish us to use free of charge and free of any restrictions, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork. By submitting information or materials through this website, you grant us an irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable worldwide license to use the information or materials you submit for any purpose whatsoever subject to our Privacy Policy, without restriction and without compensating you in any way. You warrant that any information or materials submitted by you does not infringe the intellectual property rights of any third party or constitute a misuse of any person’s confidential information. You consent to the disclosure of your identity to any third party claiming that any material posted or submitted by you to the website violates their intellectual property rights, or their right to privacy.

Website Privacy Policy

In addition to these terms and conditions, you should also read and be aware of the provisions of our Privacy Policy, which discloses our practices regarding the collection, use and disclosure of your personal information, and other policies that govern other parts of this website. The confidentiality of your information is of paramount concern to us. You must not send confidential information, such as health information or credit card numbers, to us by email or through this website.

Click here to view our Privacy Policy pertaining to the use of personal data collected through this website, which is incorporated by reference as part of these Terms and Conditions.

Global Availability

Unless otherwise specified, the materials on this website are directed solely at those who access this website from the U.S. Because different countries around the world have different laws and regulatory requirements, some medical devices and treatments are available in some countries and not in others. This website contains references or cross-references to products, programs and services that may not be available or announced in your country. These references do not imply that we intend to announce such products, programs or services in your country. We make no representation that any information, product or service referred to in the materials on this website are appropriate for use, or available, in other locations. Those who access this website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. Consult your local sales representative or contact us if you have questions about which products, programs and services may be available to you in your country.

Not a Substitute for Medical Advice

The information provided on this website is not intended nor recommended as a substitute for professional medical advice on which reliance should be placed. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition or treatment. Nothing contained on this website is intended to be for medical diagnosis or treatment.

DISCLAIMER OF WARRANTIES

Both you and we acknowledge that there are guarantees, warranties, terms and conditions imposed by the applicable law relating to the supply of goods and services which the applicable law expressly provides may not be excluded, restricted or modified or may only be limited to a certain extent (“Statutory Obligations”).

Other than as required by the Statutory Obligations, this website is provided on an “as is,” “as available” basis, without guarantees, conditions or warranties of any kind. We do not represent or warrant that the content of this website is free of viruses, worms or other code that may manifest contaminating or destructive properties. To the fullest extent possible pursuant to applicable law (including the Statutory Obligations), BionX®, its affiliates, and BionX Customers expressly exclude all conditions, warranties and other terms, express, implied or statutory. Access to the materials may not be legal by certain persons or in certain countries. If you access the website outside of the U.S., you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

LIMITATION OF LIABILITY

Your use of this website is at your sole risk. To the fullest extent possible pursuant to applicable law (including the Statutory Obligations), BionX®, its affiliates, BionX Customers, and any of their respective directors, officers, employees, or agents hereby expressly exclude any liability for any direct, indirect or consequential losses or damages arising out of or in connection with your use of or inability to use this website or your reliance on any information provided on this website, including:

  • loss or corruption of data;
  • loss of income or revenue;
  • loss of contracts or profits;
  • loss of goodwill; and
  • wasted management or office time,

whether the alleged liability is based on contract, negligence, tort, breach of confidence, even if foreseeable.

Nothing herein shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.

In relation to the supply of goods or services which are not ordinarily acquired for personal, domestic or household use or consumption, the liability of BionX, its affiliates, BionX Customers, and any of their respective directors, officers, employees, or agents is hereby limited to (a) the re-supply of the services or equivalent goods, or (b) the replacement of the goods, or (c) the payment of the cost of having the goods or services supplied to you again.

Indemnification

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted or submitted by any user to this website. You agree to defend, indemnify, and hold harmless BionX, its affiliates, BionX Customers, or any of their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, resulting from your use of any feature that allows you to upload or submit any materials to this website. We shall provide notice to you promptly of any such claim, suit or proceeding of which it receives notice and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Governing Law and Jurisdiction

This website is controlled and operated by us, our representatives or our affiliates. These Terms and Conditions and any claim or dispute arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), or the use of this website, shall be governed by and construed in accordance with the laws of the United States. By using this website, you submit to the non-exclusive jurisdiction of the courts of the United States and the courts of appeal from them in relation to any action arising out of or relating to a visit to this website, these Terms and Conditions or your use of this website.

Viruses, Hacking and other Offences

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to this website, the server in which it is stored, or any server, computer or database connected to it. You must not attack this website via a denial-of-service attack or a distributed denial-of-service attack.

We may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them in accordance with applicable law. In the event of such a breach, your right to use this website will immediately cease.

Third-Party Information and Websites

Material appearing on this website may include advertising or other material submitted by parties other than us (“third parties”) and this website may provide links to other websites operated by third parties. Such advertising, materials and links are provided for your information only. It is the responsibility of third parties to ensure that such material and such websites comply with all relevant laws and regulations, in the United States, the country you are accessing this website from and elsewhere. To the full extent permissible by law, we disclaim all responsibility for any error, omission, or inaccuracy in such third party material or for the third party’s failure to comply with the relevant laws or regulations and accept no liability for any loss or damage that may arise from your use of such material.

Entire Agreement

These Terms and Conditions and the Privacy Policy constitute the entire agreement between you and BionX with respect to your access to and/or use of this website and the Content and shall not be modified except by us as provided herein or through a written document signed by both parties. We may assign our rights and duties under these Terms and Conditions and the Privacy Policy to any party at any time without notice to or approval by you.