SurgeOn
TERMS OF SERVICE
These Terms of Service (“Terms”) govern your access to and use of our services (the “Services”) and any information, text, links, graphics, photos, audio, videos or other materials uploaded, downloaded or appearing on the Services (the “Content”) and any information, text, links, graphics, photos, audio, videos or other materials uploaded by users and appearing on the Services (“User Contributions”). By using the Services you agree to be bound by these Terms.
1. Who may use the Services
You may use the Services only if you agree to form a binding contract with Surg-eON, LLC and are of legal age to use the Services.
2. Privacy
Our Privacy Policy describes how we handle the information you provide to us when you use the Services.
3. Content on the Services
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules and regulations. Please see the section “Disclaimers” below and on the SurgeOn Content Policy document for additional information.
We reserve the right to remove Content that violates these Terms, or those included in the SurgeOn Content Policy, including, for example, copyright, trademark or other intellectual property misappropriation, unlawful conduct, harassment, abuse or other objectionable conduct.
4. License to use the Services
Surg-eON, LLC gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms.
Nothing in these terms gives you a right to use the Surg-eON name or logos, domain names or other proprietary rights. All right, title and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Surg-eON.
You may end your legal agreement with us at any time by deactivating your account and discontinuing your use of the Services. We may suspend of terminate your account at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or any other rules or policies we may put in place; (ii)you create risk of possible legal exposure for us; (iii) your account should be removed due to unlawful conduct; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account. These terms survive the termination of your account.
5. Intellectual Property Rights / Copyright Infringement
The Services and Content, and its entire contents, features and functionality are owned by us, our licensors, or other providers of such material and are protected by United States an international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not modify copies of any Content, use any illustrations, photographs, video, or any graphics separately from the accompanying text or delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content.
If you print, modify, download or otherwise use or provide any other person with access to any part of the Services or Content in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or Content is transferred to you, and all rights expressly granted are reserved by the Company and its licensors. Any use of the Services or Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
If you believe that any user content violates your copyright, you may send us a notice of copyright infringement by reporting within the app. It is our policy to terminate the user accounts of repeat infringers.
6. User Contributions
The Services may contain message boards, chat rooms, personal profiles, forums, bulletin boards and other interactive features (collectively “Interactive Features”) that allow users to post, submit, publish, display or transmit to other users or other persons User Contributions on or through the Services.
All User Contributions must comply with these Terms.
By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to display any such material on the Services.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
7. Disclaimers and Limitations of Liability
The information provided by us is for informational purposes only. All information is provided in good faith, however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, validity, reliability, availability or completeness of any information in the Services.
Under no circumstances shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of the Services or reliance on any information provided on the Services. Your use of the Services and your reliance on any information on the Services is solely at your own risk.
The Services offers users the ability to post Content on the Site’s interactive areas (the “Forums”). You acknowledge that all content posted to Forums is user content and by posting on the Forums you agree to comply with the rules and restrictions on user content. We retain the right, but disclaim any obligation or responsibility, to prevent you from posting on the Forums and to restrict or remove user content or refuse to include your user content for any reason at any time, at our sole discretion and without notice to you. We are not responsible for the content or accuracy of any information posted on a Forum and shall not be responsible for any decisions made based on such information.
Users who post content to the Forums are solely responsible for any compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. We specifically disclaim any representation or warranty that the Site or Forums comply with the Health Insurance Portability and Accountability Act (“HIPAA”).
The video or other content posted by users to the Forums is available only for the use of other registered users of the Forums and the Services. The content posted to the Forums or provided on the Services may not be shared with, copied or otherwise made available to any other persons. User content posted to the Forums may be graphic in nature and unsuitable for children and persons who are not trained medical professionals. Screen shots of procedures may not be posted to the Forums.
The manufacturer or supplier of surgical devices depicted in user content posted to the Services or Forums has no responsibility for such content and recommends that their products only be used in the manner for which it was approved by the FDA. Users of the Services and Forums are solely responsible for the use of such devices in accordance with their indications and permitted uses.
The Services and Forums do not replace proper medical education and experience gained from residency and fellowship training programs. The Forums are a place where qualified and properly educated users may exchange ideas and share their knowledge with other users.
Users of the Services do so freely and users will not permit their use of the Services to negatively impact any relationship with a device manufacturer or supplier as it pertains to patient care.
The Services may contain (or you may be sent through the Services) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.
We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the Services or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
8. General
We may revise these Terms from time to time. The most current version of the Terms will always govern our relationship with you. We will try to notify you of material revisions via an email or notification. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the state of Delaware, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and us.
In the event any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provision of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.