Last Updated: 10/31/2016
These Terms govern your access to and use of the Site. Products and services that we offer through the Site may be subject to separate or additional terms and conditions. The following terms and conditions are hereby incorporated into and constitute part of these Terms:
In the event of a conflict, the terms and conditions listed above shall each control with respect to the subject matter to which such terms and conditions pertain.
2. PERMISSION TO LINK TO THE SITE
We operate this Site to provide information and education to, and to communicate with, the medical practice community, as well as to sell products and services to medical practice industry consumers rather than individual patients. To the extent this Site will be linked to or cited in any publication, blog or other written documentation, if the Site is to be cited in connection with the expression of an opinion concerning SMART SURGICAL, INC., dba Burst Biologics™, you must first obtain permission from SMART SURGICAL, INC. to reference or link this Site.
You may not access or use the Site in violation of any applicable laws, regulations, or third party rights. Not all products and services are available in all geographical areas. Your eligibility to receive any product or service may be subject to approval by SMART SURGICAL, INC..
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access to a user of the Site and to block IP addresses. We also reserve the right, to the greatest extent permitted by law, to cancel, terminate, and remove your account and any contents generated by you within the Site, at our sole discretion and at any time, including in cases of violations of these Terms.
Access to and use of password protected or otherwise secured areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access such areas of the Site may be subject to prosecution in addition to any other remedy available at law or equity, including the suspension or termination of access to the Site.
4. INTELLECTUAL PROPERTY RIGHTS
The Site is protected by intellectual property rights held by SMART SURGICAL, INC. or third parties. Such intellectual property rights include, but are not limited to, patents, trademarks, trade names, inventions, copyrights, design rights, and rights in and to databases, know how, and any other intellectual property relating to the Site. All intellectual property rights are reserved unless granted in an express written license.
5. DISCLAIMER OF WARRANTIES AND CONDITIONS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BURSTBIOLOGICS.COM PROVIDES THE SITE “AS IS,” “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, BURSTBIOLOGICS.COM DISCLAIMS ANY IMPLIED WARRANTIES OF ACCURACY, ADEQUACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BURSTBIOLOGICS.COM NOR ANY OF OUR CORPORATE AFFILIATES, SUBSIDIARIES, PARENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATED PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, AND LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You use and access the Site at your own risk. To the maximum extent permitted by applicable law, we and our Affiliated Parties shall assume no responsibility and shall have no liability, on any basis, for any errors or omissions on the Site, except where, under mandatory applicable laws, liability cannot be disclaimed. We do not warrant that your access to or use of the Site will be uninterrupted or error free, or that you may obtain any particular results by use of the Site.
You agree to indemnify, defend and hold harmless us and our Affiliated Parties from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.
8. THIRD PARTY DISCLAIMER
No Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.
Compliance with Applicable Laws. You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site.
Severability. If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
Assignment. We may assign our rights and duties under these Terms to any party, or we may replace the contractually bound entity by way of novation by posting on the Site or updating these Terms with the name of another entity, at any time without prior notice to you.