Terms of Use | PJC ORTHOPEDICS®

WEBSITE TERMS OF USE

Thank you for visiting PJC ORTHOPEDICS®. The PJC ORTHOPEDICS® Website (“Website”) has been made available to you subject to your compliance with the terms and conditions set forth below (the “Terms of Use”). Please read this document carefully before accessing or using the Website. By accessing or using this Website, you are agreeing to be bound by the Terms of Use. If you do not wish to be bound by the Terms of Use, you may not access or use the Website.

Modification of these Terms of Use

PJC ORTHOPEDICS® reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Terms of Use and additional terms or notices posted on the Website. Your continued access of this Website shall be deemed your conclusive acceptance of the modified agreement.

Privacy

Please review our Website Privacy Policy (see below), which also governs your visit to PJC ORTHOPEDICS®, to understand our practices regarding the use and disclosure of your personal information.

Electronic Communications

When you visit PJC ORTHOPEDICS® or send e-‐mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright and Licenses

The entire contents of this Website, including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are copyrighted material and the property of PJC ORTHOPEDICS®, its content suppliers or its clients and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website contents without the prior express written consent of PJC ORTHOPEDICS®.

You may print or download portions of the materials from various areas of this Website solely for your own non-‐commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on our website constitutes a copyright infringement of another party’s rights, please contact us immediately at administrator@pjcorthopedics.com to notify us of this infringement.

License and Website Access

PJC ORTHOPEDICS® grants you limited license to access and make personal use of this Website. You are not authorized to download or modify it, or any portion of it, except with the express written consent of PJC ORTHOPEDICS®. This website or any portion of this Website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of PJC ORTHOPEDICS®. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of PJC ORTHOPEDICS® without the express written consent of PJC ORTHOPEDICS®. You may not use META tags or any other “hidden text” which utilize pjcorthopedics.com, PJC ORTHOPEDICS® or any other derivative of our domain or company name without the express written consent of PJC ORTHOPEDICS®.

PJC ORTHOPEDICS® is protected by trademark and unfair competition laws. It is a violation of such laws to, without consent, use the mark, associate or imply any affiliation with PJC ORTHOPEDIC or portray any false, misleading, derogatory, or otherwise offensive matter.

It is further understood and agreed that PJC ORTHOPEDICS® cannot and does not guarantee or warrant that files made available for downloading through this Website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through PJC ORTHOPEDICS are free from such contaminations.

Disclaimer of Warranty/Limitation of Liability

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY PJC ORTHOPEDICS® ON AN “AS IS” AND “AS AVAILABLE” BASIS. PJC ORTHOPEDICS® MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR

ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PJC ORTHOPEDICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PJC ORTHOPEDICS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-‐MAIL SENT VIA THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PJC ORTHOPEDICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

PJC ORTHOPEDICS® USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-‐TO-‐DATE INFORMATION ON THIS WEBSITE. PJC ORTHOPEDICS® ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, PJC ORTHOPEDICS® SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY PJC ORTHOPEDICS® IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO PJC ORTHOPEDICS® FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER’S EXPENSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Third Party Links

Linked websites are not under the control of PJC ORTHOPEDICS® and PJC ORTHOPEDICS® is not responsible for the contents of any linked site or any link contained in a linked site. PJC ORTHOPEDICS® provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by PJC ORTHOPEDICS® of the site.

Applicable Law

By visiting this Website, you agree that the laws of the state of Arizona, without regard to principals of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and PJC ORTHOPEDICS®.

Disputes

Any dispute relating in any way to your visit or access of this Website or to the products or services you purchase through this Website shall be submitted to binding arbitration in Maricopa County, Arizona, except that, to the extent you have in any manner violated or threatened to violate PJC ORTHOPEDICS®’s intellectual property rights, PJC ORTHOPEDICS® may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless PJC ORTHOPEDICS®, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Terms of Use (including negligent or wrongful conduct) by you or your use and access of this Website.

International Use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-‐mail, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Other Provisions

PJC ORTHOPEDICS® failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. PJC ORTHOPEDICS® may assign its rights and duties under these Terms of Use to any party at any time without notice to you. 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 or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

WEBSITE PRIVACY POLICY

PJC ORTHOPEDICS® is committed to protecting your privacy. That is why we have adopted this Website Privacy Policy. This Website Privacy Policy is intended to describe how your personal information is processed and used, and we will make every effort to ensure that our activities keep within the spirit of this Website Privacy Policy. Please note that by visiting and using pjcorthopedics.com, you are accepting the practices described in this Website Privacy Policy.

What does PJC ORTHOPEDICS® do with the information that you enter via the Website?

We may ask you to enter personally identifiable information, such as your email address, name, home address, telephone number, zip code, age, gender, contact preferences, etc. PJC ORTHOPEDICS® uses such information to deliver the services you have requested and to inform you of other products or services available from PJC ORTHOPEDICS® and its affiliates. We may also request such information for the purpose of making an appointment, conducting a survey, adding you to our mailing list, or by your request to have someone contact you for additional information.

PJC ORTHOPEDICS® does not sell, rent or lease its patient lists to third parties. PJC ORTHOPEDICS® may, from time to time, contact you about a particular offering that may be of interest. In addition, PJC ORTHOPEDICS® may share data with business associates working on our behalf to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such business associates are prohibited from using your personal information except to provide these services to PJC ORTHOPEDICS®, and they are required to maintain the confidentiality of your information.

In addition, PJC ORTHOPEDICS® will not send you e-‐mail that you have not agreed to receive. If you are a member of our Mailing List, you will be contacted with announcements, news, portfolio additions, and new products or services. You have the option of “Unsubscribing” from our Mailing List at any time, thereby disabling any further such e-‐mail communication from being sent to you. If you wish to have specific communications with a member of the PJC ORTHOPEDICS® staff, you may be asked to provide specific information that will be routed to the appropriate contact within PJC ORTHOPEDICS®.

PJC ORTHOPEDICS® does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

What Information is PJC ORTHOPEDICS® gathering about its visitors and how is it being used?

When a visitor requests a page from within this Website, our Web Servers automatically identify and log the HTTP request that is made to our Web Server. This information reveals nothing personal about you. In fact, the only information that our servers may log is as follows:

* The IP Address of the Site that may have referred you.

* Your IP Address

* The Web Page that you may have linked to us from, if any.

* The Product Identifier for Version and Make of Browser (e.g. Internet Explorer 4.5)

* The Operating System platform that you may be running (e.g. Macintosh or Windows)

* Search Words or Terms that are passed from a Search Engine (e.g. Google, Yahoo, or Lycos)

There is absolutely nothing special about the information just described, and the practice of collecting this data has been generally standardized by virtually every Web Server on the Internet today.

The purpose for this information is actually two-‐fold. One, PJC ORTHOPEDICS® has found it advantageous to examine visitor traffic in its aggregate, so that we can ensure maximum compatibility for the various Browsers and Operating Systems that visit our site. Additionally, as any business should attest, it is our desire to generate greater amounts of visitor traffic. By analyzing visitation patterns, referring URLs and Search Engine terms, we can strategically enhance our exposure on the Internet.

What about Cookies?

Cookies are small pieces of data that are transferred to your computer’s hard drive through your Web browser from our Web Server. A cookie cannot read data from your hard disk or read cookie files that may have been created from other sites. This website utilizes cookies as a means of providing personalization features to our visitors. For example, we utilize cookies to remember settings (background music selections, wallpapers preferences, etc.) that you may have made at our website.

You can choose whether to accept cookies by changing the settings of your browser. Typically, by accessing the browser’s help feature you can obtain information on how to prevent your browser from accepting all cookies or to notify you when a cookie is being sent. If you choose not to accept these cookies, your experience at our website and other websites may be diminished and some features may not work as intended.

What information does PJC ORTHOPEDICS® collect when I purchase something? If you purchase something, we need to obtain the appropriate information in order to complete the transaction. Depending upon the method of payment that you select and your location, the required information may vary. However, generally speaking we will need:

* Your Name

* Billing Address (for Credit Card Orders)

* Shipping Address

* E-Mail Address

* Phone Number

* Credit Card Number (for Credit Card Orders)

* Expiration Date (for Credit Card Orders)

We use electronic commerce features and functionality that safeguard this information by using industry standard SSL (Secure Sockets Layer) encrypted servers. SSL encodes the information transferred between you and the server.

Will PJC ORTHOPEDICS® disclose the information collected to Third Parties?

PJC ORTHOPEDICS® will disclose your personal information or any of its log file information when required by law or in the good-‐faith belief that such actions are necessary to:

* Conform to the edicts of the law or comply with a legal process served on PJC ORTHOPEDICS®.

* Protect and defend the rights or property of PJC ORTHOPEDICS®, or visitors of PJC ORTHOPEDICS®.

* Identify persons who may be violating the law, the legal notice, or the rights of third parties.

* Cooperate with the investigations of purported unlawful activities.

PJC ORTHOPEDICS® uses reasonable precautions to keep the information disclosed to us secure. PJC ORTHOPEDICS® reserves the right to transfer information in connection with the sale of all or part of PJC ORTHOPEDICS® capital stock or assets to any third party. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information.

PJC ORTHOPEDICS® also provides “links” to a wide variety of other web sites on the Internet. We are not responsible for their Privacy Policies or how those web sites manage information about their users. We strongly urge you to check with those web sites to determine their Website Privacy Policy.

Any changes to these Terms of Service and Website Privacy Policy will be posted on this page so that you are always aware of the information that we collect, how we use it, and under what circumstances we disclose it.

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