Terms of Use
1. User's Acknowledgment and Acceptance of Terms
Lineage Medical, LLC ("Us" or "We" or
the "Company") provides this site and various related services
(collectively, the "site") to you, the user, subject to your
compliance with all the terms, conditions, and notices contained or referenced
herein (the "Terms of Use"), as well as any other written agreement
between us and you, including, without limitation, the
Privacy Policy
posted on this site. In addition, when using particular services or materials
on this site, users shall also be subject to any posted rules applicable to
such services or materials.
BY USING THIS SITE, YOU AGREE YOU ARE OF LEGAL AGE TO FORM
A BINDING AGREEMENT AND FURTHER AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU
ARE NOT OF LEGAL AGE TO FORM A BINDING AGREEMENT OR DO NOT WISH TO BE BOUND BY
THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER
INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR
THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING
COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON
COMMENCEMENT OF YOUR ACCESS TO THIS SITE.
THIS SITE IS FOR
INFORMATIONAL PURPOSES ONLY. IT IS DESIGNED TO SERVE AS A COMMUNITY FOR
MEDICAL PROFESSIONALS, NOT AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. In
no way does THE COMPANY represent that THIS SITE OR THE information on this
site can OR SHOULD be used to make MEDICAL, clinical OR OTHER decisions related
to PATIENT care. INDIVIDUALS IN NEED OF MEDICAL CARE SHOULD CONSULT MEDICAL
PROFESSIONALS. WE ARE not liable if THIS SITE OR any information ON THIS SITE
is used for patient care.
We expressly reserve the right to change these Terms of
Use from time to time without notice to you. You acknowledge and agree that it
is your responsibility to review this site and these Terms of Use from time to
time and to familiarize yourself with any modifications. Your continued use of
this site after such modifications will constitute acknowledgment of the
modified Terms of Use and agreement to abide and be bound by the modified Terms
of Use.
As used in these Terms of Use, references to our
"Affiliates" include our owners, subsidiaries, affiliated companies,
officers, directors, employees, suppliers, partners, sponsors, and advertisers,
and includes (without limitation) all parties involved in creating, producing,
and/or delivering this site and/or its contents.
2. Description of Services
We make various services available on this site including,
but not limited to, qbank, topic review, posts, groups, cases, colleague
network, messaging, and other like services. We reserve the sole right to
modify or discontinue the site, including any of the site's services or features,
at any time without notice. We will not be liable to you or any third party
should we exercise such right. Any new features that augment or enhance the
then-current services on this site shall also be subject to these Terms of Use.
The site may contain materials deemed inappropriate for children.
3. Registration Data and Privacy
In order to access all or some of the services on this
site, you will be required to use an account and password that can be obtained
by completing our online registration form, which requests certain information and
data ("Registration Data"). By registering, you agree that all
information provided in the Registration Data is true and accurate and that you
will maintain and update this information as required in order to keep it
current, complete, and accurate.
By using this site, you agree that all information entered
by and about you is true and accurate. Impersonating or misrepresenting any
person or entity, actual or fictional, is unacceptable behavior and may subject
you to immediate termination and/or legal action. We reserve the right to
permanently ban those who enter false or misleading information.
You grant us the right to disclose Registration Data to
third parties. The information we obtain through your use of this site,
including your Registration Data, is subject to our
Privacy Policy
,
which is specifically incorporated by reference into these Terms of Use.
4. Conduct on Site
Your use of the site is subject to all applicable laws,
rules and regulations, and you are solely responsible for the substance of your
communications through the site. By posting information in or otherwise using
any communications service, chat room, message board, newsgroup, software
library, or other interactive service that may be available to you on or
through this site, you agree that you will not upload, share, post, or
otherwise distribute or facilitate distribution of any content -- including
text, communications, software, images, video, sounds, data, or other
information -- that:
a. is unlawful, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another's privacy,
tortuous, obscene, contains explicit or graphic descriptions or accounts of
sexual acts, or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret,
copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising,
junk or bulk email (also known as "spamming"), chain letters, any
other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses, malware or any other
computer code, files, or programs that are designed or intended to disrupt,
damage, or limit the functioning of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to any
data or other information of any third party;
f. impersonates any person or entity, including any of our
employees or representatives; or
g. violates any laws, rules or regulations applicable to
the protection of personal and health care information, including, without
limitation, the Health Insurance Portability and Accountability Act (HIPAA), as
amended. Without limiting the foregoing, you agree not to upload, post or
enter on the site any content (including an image, video, text, graphic,
comment, or question) that contains individually identifiable health
information or other personally identifiable information. By using this site
you assume all responsibility and liability for following and adhering to the
requirements of HIPAA and similar laws.
We neither endorse nor assume any liability for the
contents of any material uploaded or submitted by third party users of the
site. We have no obligation to pre-screen, monitor, or edit the content posted
by users of communications services, chat rooms, message boards, newsgroups,
software libraries, or other interactive services that may be available on or
through this site. However, we and our agents have the right at our sole
discretion to edit, modify, or remove any content that, in our judgment, does
not comply with these Terms of Use and any other rules of user conduct for our
site, or is otherwise harmful, objectionable, or inaccurate. We are not
responsible for any failure or delay in removing such content. You hereby
consent to such modification or removal and waive any claim against us arising
out of such modification or removal of content.
In addition, you may not use your account to breach
security of another account or attempt to gain unauthorized access to another
network or server. Not all areas of the site may be available to you or other
authorized users of the site. You shall not interfere with anyone else's use
and enjoyment of the site or other similar services. Users who violate systems
or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole
discretion, terminate your membership, account, or other affiliation with our
site without prior notice to you for violating any of the above provisions. In
addition, you acknowledge that we may cooperate fully with investigations of
violations of systems or network security at other sites, including cooperating
with law enforcement authorities in investigating suspected criminal
violations.
5. Third Party Sites and Information
This site may link you to other sites on the Internet or
otherwise include references to information, documents, software, materials
and/or services provided by other parties. These sites may contain information
or material that some people may find inappropriate or offensive. These other
sites and parties are not under our control, and you acknowledge that we are
not responsible for the accuracy, copyright compliance, legality, decency, or
any other aspect of the content of such sites, nor are we responsible for
errors or omissions in any references to other parties or their products and
services. The inclusion of such a link or reference is provided merely as a
convenience and does not imply endorsement of, or association with, the site or
party by us, or any warranty of any kind, either express or implied.
6. Intellectual Property Information
For purposes of these Terms of Use, "content" is
defined as any information, data, communications, software, photos, video,
graphics, music, sounds, and other material and services that can be viewed by
users on our site. This includes message boards, chat, and other original
content.
You acknowledge and agree that all content presented to
you on this site is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws, and is the sole property of Lineage
Medical, LLC and/or its Affiliates. You are only permitted to use the content
as expressly authorized by us or the specific content provider. Except for a
single copy made for personal use only, you may not copy, reproduce, modify,
republish, upload, post, transmit, or distribute any documents or information
from this site in any form or by any means without prior written permission
from us or the specific content provider, and you are solely responsible for
obtaining permission before reusing any copyrighted material that is available
on this site. Any unauthorized use of the materials appearing on this site may
violate copyright, trademark and other applicable laws and could result in
criminal or civil penalties.
Neither we nor our Affiliates warrant or represent that
your use of materials displayed on, or obtained through, this site will not
infringe the rights of third parties.
The following are registered trademarks, trademarks or
service marks of Lineage Medical, LLC or its Affiliates: medbullets,
orthobullets, ptbullets, anesbullets, edbullets. Nothing in these Terms of Use
grants you any right to use any trademark, service mark, logo, and/or the name
of Lineage Medical, LLC or its Affiliates, or the trademarks, service marks or
logos of third parties.
7. Use of Materials
Subject to our Privacy Policy, any content, communication
or material that you transmit to, upload or enter on this site or to us,
whether by electronic mail, post, or other means, for any reason, will be
treated as non-confidential and non-proprietary. While you retain all rights in
such communications or material, you grant us and our Affiliates a
non-exclusive, irrevocable, paid-up, perpetual, and worldwide right to copy,
distribute, display, perform, publish, translate, adapt, modify, and otherwise
use such material for any purpose regardless of the form or medium (now known
or not currently known, commercial or non-commercial) in which it is used.
We respect the intellectual property of others, and we ask
you to do the same. If you or any user of this site believes its copyright,
trademark or other property rights have been infringed by a posting on this
site, you or the user should send notification to our Designated Agent (as
identified below) immediately. To be effective, the notification must:
1. Identify in sufficient detail the copyrighted work that
you believe has been infringed upon or other information sufficient to specify
the copyrighted work being infringed.
2. Identify the material that you claim is infringing the
copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us
to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit
us to notify the owner/administrator of the allegedly infringing webpage or
other content (email address is preferred).
5. Include the following statement: "I have a good
faith belief that use of the copyrighted materials described above as allegedly
infringing is not authorized by the copyright owner, its agent, or the
law."
6. Include the following statement: "I swear, under
penalty of perjury, that the information in the notification is accurate and
that I am the copyright owner or am authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed."
7. Be signed by a person who has the proper authority to
sign the notification.
Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Lineage Medical, LLC
Address: 631 Chapala St., Santa Barbara, CA 93101
You acknowledge and agree that upon receipt of a notice of
a claim of copyright infringement, we may immediately remove the identified
materials from our site without liability to you or any other party and that
the claims of the complaining party and the party that originally posted the
materials may be referred to the United States Copyright Office for
adjudication as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE
WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO
WARRANTY THAT (A) THE SITE, SERVICES, CONTENT AND MATERIALS WILL MEET YOUR
REQUIREMENTS, (B) THE SITE, SERVICES, CONTENT AND MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE, SERVICES, CONTENT OR MATERIALS WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OR ACCURACY OF THE SITE, ANY
PRODUCTS, SERVICES, CONTENT OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM
THE SITE FROM US, OUR AFFILIATES OR OTHER USERS WILL MEET YOUR EXPECTATIONS OR
BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES,
INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND
SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS
LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE
MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR
SERVICES.
THE USE OF THE SITE OR THE DOWNLOADING OR OTHER
ACQUISITION OF ANY CONTENT OR MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE, TANGIBLE OR INTANGIBLE, FINANCIAL OR NON-FINANCIAL, TO YOUR
PRACTICE, COMPANY, REPUTATION, PERSON, COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the
opportunities to engage in commercial transactions with other users and
vendors. You acknowledge that all transactions relating to any merchandise or
services offered by any party, including, but not limited to the purchase
terms, payment terms, warranties, guarantees, maintenance and delivery terms
relating to such transactions, are agreed to solely between the seller or
purchaser of such merchandise and services and you. WE MAKE NO WARRANTY
REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE,
AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT
YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS,
SERVICES, CONTENTS, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE
FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR OUR
AFFILIATES.
Content available through this site often represents the
opinions and judgments of an information provider, site user, or other person
or entity not connected with us. We do not endorse, nor are we responsible for
the accuracy or reliability of, any opinion, advice, or statement made by
anyone on the site.
You understand and agree that temporary interruptions of
the services available through this site may occur as normal events. You
further understand and agree that we have no control over third party networks
you may access in the course of the use of this site, and therefore, delays and
disruption of other network transmissions are completely beyond our control.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT ARE WE OR OUR AFFILIATES LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, PERSONAL INJURY, WRONGFUL
DEATH, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF
THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. WITHOUT
LIMITING THE FOREGOING, THE TOTAL LIABILITY OF THE COMPANY OR ITS AFFILIATES
FOR ANY REASON WHATSOEVER TO YOU RELATED TO THE SITE SHALL NOT EXCEED ONE
HUNDRED DOLLARS (US $100).
WE ARE NOT
LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE
OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE,
INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
Any cause
of action brought by you against us or our Affiliates must be instituted with
one year after the cause of action arises or be deemed forever waived and
barred.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
10. Indemnification
You agree to defend, indemnify, and hold us and our
Affiliates harmless from all liabilities, losses, damages, claims, costs, and
expenses, including attorneys’ fees and costs, that arise from or are connected
to your use or misuse of this site or your violation or breach of any provision
of these Terms of Use or other applicable policies. We reserve the right, at
our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate
with us in asserting any available defenses.
11. Security and Password
You are solely responsible for maintaining the
confidentiality of your password and account and for any and all statements
made and acts or omissions that occur through the use of your password and
account. Therefore, you must take steps to ensure that others do not gain
access to your password and account. You may not transfer or share your account
with anyone, and we reserve the right to immediately terminate your account if
you do transfer or share your account.
12. Participation in Promotions
From time to time, this site may include advertisements
offered by third parties. You may enter into correspondence with or participate
in promotions of the advertisers showing their products on this site. Any such
correspondence or promotions, including the delivery of and the payment for
goods and services, and any other terms, conditions, warranties or
representations associated with such correspondence or promotions, are solely
between you and the advertiser. We assume no liability, obligation or
responsibility for any part of any such correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services
(collectively, "Communications") available to users of our site,
either directly or through a third-party provider. These Communications may be
subject to additional agreements that will be separately provided to you.
We may employ automated monitoring devices or techniques
to protect our users from mass unsolicited communications (also known as
"spam") and/or other types of electronic communications that we deem
inconsistent with our business purposes. However, such devices or techniques
are not perfect, and we will not be responsible for any legitimate
communication that is blocked, or for any unsolicited communication that is not
blocked.
Mailboxes may have a limited storage capacity. If you
exceed the maximum permitted storage space, we may employ automated devices
that delete or block email messages that exceed the limit. We will not be
responsible for such deleted or blocked messages.
14. International Use
Although this site may be accessible worldwide, we make no
representation that 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 at their own risk 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.
15. Termination of Use
You agree that we may, in our sole discretion, terminate
or suspend your access to all or part of the site with or without notice and
for any reason, including, without limitation, breach of these Terms of Use.
Any suspected fraudulent, abusive or illegal activity may be grounds for
terminating your relationship and may be referred to appropriate law
enforcement authorities.
Upon termination or suspension, regardless of the reasons
therefore, your right to use the services available on this site immediately
ceases, and you acknowledge and agree that we may immediately deactivate or
delete your account and all related information and files in your account
and/or bar any further access to such files or this site. We shall not be
liable to you or any third party for any claims or damages arising out of any
termination or suspension or any other actions taken by us in connection with
such termination or suspension.
16. Governing Law
You agree that the statutes and laws of the Commonwealth
of Massachusetts, without regard to the conflicts of laws principles thereof
and the United Nations Convention on the International Sales of Goods, will
apply to all matters relating to the use of this site or Terms of Use. Each of
us agrees and hereby submits to the exclusive personal jurisdiction and venue of
any court of competent jurisdiction within the Commonwealth of Massachusetts
with respect to such matters.
17. Notices
All notices to a party shall be in writing and shall be
made either via email or conventional mail. Notices to us must be sent to the
attention of Customer Service at info@orthobullets.com, if by email, or at
Lineage Medical, LLC One Broadway, 14th Floor Cambridge, MA 02142 if by
conventional mail. Notices to you may be sent to the address supplied by you as
part of your Registration Data. In addition, we may broadcast notices or
messages through the site to inform you of changes to the site or other matters
of importance, and such broadcasts shall constitute notice to you at the time
of sending.
18. Entire Agreement
These terms and conditions constitute the entire agreement
and understanding between us concerning the subject matter of this agreement
and supersedes all prior agreements and understandings of the parties with respect
to that subject matter. To the extent that anything in or associated with this
site is in conflict or inconsistent with these Terms of Use, these Terms of Use
shall take precedence.
19. Miscellaneous
You may not assign your rights and obligations under these
Terms of Use to any party, and any purported attempt to do so will be null and
void. We may freely assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy
or use for any commercial purposes any portion of this site, or use of or
access to this site.
In addition to any excuse provided by applicable law, we
shall be excused from liability for non-delivery or delay in delivery of
products and services available through our site arising from any event beyond
our reasonable control, whether or not foreseeable by either party, including
but not limited to, labor disturbance, war, fire, accident, adverse weather,
inability to secure transportation, governmental act or regulation, and other
causes or events beyond our reasonable control, whether or not similar to those
which are enumerated above.
If any part of these Terms of Use is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
Any delay or failure by us to enforce or exercise any provision
of these Terms of Use or related rights shall not constitute a waiver of that
right or provision.
20. Contact Information
Except as explicitly noted on this site, the services
available through this site are offered by Lineage Medical, LLC located at One
Broadway, 14th Floor Cambridge, MA 02142. If you notice that any user is
violating these Terms of Use, please contact us at info@orthobullets.com.