Piezosurgery® Terms of Use

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (“Terms of Use”) apply to website located at www.piezosurgery.us, and all associated sites linked to the Site by Piezosurgery Incorporated, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Piezosurgery Incorporated and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, YOUR ONLY OPTION IS NOT TO USE THE SITE.

 

Piezosurgery Incorporated reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use for changes periodically. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Piezosurgery Incorporated grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site.

 

Copyright

All content included on the Site, such as logos, text, graphics, buttons, images, and software, is the property of Piezosurgery Incorporated or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Piezosurgery Incorporated and protected by U.S. and international copyright laws. All software used on the Site is the property of Piezosurgery Incorporated or its software suppliers and protected by United States and international copyright laws.

 

Trademarks

The Site logos, graphics, page headers, buttons, scripts, and service names are trademarks, or trade dress of Piezosurgery Incorporated in the U.S. and/or other countries. Piezosurgery Incorporated’s trademarks and trade dress may not be used in connection with any product or service that is not Piezosurgery Incorporated ‘s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Piezosurgery Incorporated. All other trademarks not owned by Piezosurgery Incorporated that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Piezosurgery Incorporated.

 

License and Site Access

Piezosurgery Incorporated grants you a limited license to access and use the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Piezosurgery Incorporated. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Piezosurgery Incorporated. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Piezosurgery Incorporated without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Piezosurgery Incorporated’s name or trademarks without the express written consent of Piezosurgery Incorporated. Any unauthorized use of the Site terminates the license granted by Piezosurgery Incorporated. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Piezosurgery Incorporated, or its content contributors, products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Piezosurgery Incorporated logo or other proprietary graphic or trademark as part of the link without express written permission of its rightful owner.

 

Privacy

Piezosurgery Incorporated’s Privacy Policy applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with Piezosurgery Incorporated electronically. You consent to receive communications from Piezosurgery Incorporated electronically. Piezosurgery Incorporated will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Piezosurgery Incorporated provides to you electronically satisfy any legal requirement that such communications be in writing.

 

Customer Support

Piezosurgery Incorporated provides Customer Support to its users in regard to their use of the Site, their user accounts and other personal information, purchases completed on the Site, returns and refunds of items purchased on the Site. Piezosurgery Incorporated is not responsible for after-sale support of the products purchased through the Site, which are serviced exclusively by the Supplier that is listed on the Site. For any technical issues with the Site or any other question, contact support@Piezosurgery Incorporated.com.

 

Links to Other Sites and to the Piezosurgery Incorporated Site

The Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Piezosurgery Incorporated’s users. Such Linked Sites are not under Piezosurgery Incorporated’s control, and Piezosurgery Incorporated is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

Disclaimers

PIEZOSURGERY®INCORPORATED DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS- IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. . PIEZOSURGERY®INCORPORATED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PIEZOSURGERY®INCORPORATED DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PIEZOSURGERY®INCORPORATED SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PIEZOSURGERY®INCORPORATED FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Piezosurgery Incorporated reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

Limitation of Liability

Except where prohibited by law, in no event will Piezosurgery Incorporated be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Piezosurgery Incorporated has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, Piezosurgery Incorporated is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Piezosurgery Incorporated’s liability shall in no event exceed US $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

Indemnity

You agree to indemnify and hold Piezosurgery Incorporated, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Piezosurgery Incorporated by any third party due to or arising out of or in connection with your use of the Site.

 

Violation of These Terms of Use

Piezosurgery Incorporated may disclose any information it has about you (including your identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Piezosurgery Incorporated’s rights or property, or the rights or property of visitors to or users of the Site, including Piezosurgery Incorporated’s customers. Piezosurgery Incorporated reserves the right at all times to disclose any information that Piezosurgery Incorporated deems necessary to comply with any applicable law, regulation, legal process or governmental request. Piezosurgery Incorporated also may disclose your information when Piezosurgery Incorporated determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Piezosurgery Incorporated may preserve any transmittal or communication by you with Piezosurgery Incorporated through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Piezosurgery Incorporated determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Piezosurgery Incorporated, its employees, users of or visitors to the Site, and the public. You agree that Piezosurgery Incorporated may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if it determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Piezosurgery Incorporated, for which monetary damages would be inadequate, and you consent to Piezosurgery Incorporated obtaining any injunctive or equitable relief that Piezosurgery Incorporated deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Piezosurgery Incorporated may have at law or in equity. You agree that Piezosurgery Incorporated may, in its sole discretion and without prior notice, terminate your access to the Site. If Piezosurgery Incorporated does take any legal action against you as a result of your violation of these Terms of Use, Piezosurgery Incorporated will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Piezosurgery Incorporated. You agree that Piezosurgery Incorporated will not be liable to you or to any third party for termination of your access to the Site.

 

Disputes

Any dispute or claim relating in any way to your visit to the Site or to products or services sold or distributed by Piezosurgery Incorporated or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.uld. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Piezosurgery Incorporated’s corporate address. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Piezosurgery Incorporated will not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You agree to the personal jurisdiction by and venue in the state and federal courts in Franklin County, Ohio, and waive any objection to such jurisdiction or venue. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or Piezosurgery Incorporated may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

Applicable Law

By visiting the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Piezosurgery Incorporated.

 

Site Policies, Modification, and Severability

Please review Piezosurgery Incorporated’s other policies, such as its pricing policy, posted on the Site. These policies also govern your visit to the Site. Piezosurgery Incorporated reserves the right to make changes to the Site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

Void Where Prohibited

Piezosurgery Incorporated administers and operates the Site from its location in Columbus, Ohio USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Piezosurgery Incorporated reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Piezosurgery Incorporated with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Piezosurgery Incorporated with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Piezosurgery Incorporated, Piezosurgery Incorporated will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Piezosurgery Incorporated’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Piezosurgery Incorporated of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Piezosurgery Incorporated and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

This document was last updated October 2016.