Orthofix STIM onTrack App Terms and Conditions

This document sets forth the terms and conditions governing the Orthofix Service (the “Service” or “Services”). The Service is provided through a variety of different channels, including online at Orthofix.com (the “Website”), via one or more mobile applications (the “Application”), or through digital or telephonic delivery. The Service is owned by Orthofix Medical Inc. and its subsidiaries or affiliates involved in providing and supporting the Service, including SeaSpine Orthopedics Corporation (collectively, “We”, “Us”, “Our” or “Orthofix”).

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS INCLUDING WITHOUT LIMITATION THE WARRANTY DISCLAIMERS, WAIVER OF JURY TRIAL, WAIVER OF CLASS ACTION, INDEMNITY AND LIMITATION ON LIABILITY PROVISIONS BELOW AND IN OUR PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS (this “Agreement”). Orthofix has the right to accept or reject any applicant for Services, in its sole and complete discretion.  Orthofix may, at any time and from time to time, modify these terms.  Any changes to these terms will be effective immediately upon posting of the updated version on the Service or on our Website. You agree to periodically review these terms, and your continued use of the Service following any such modification constitutes your agreement to follow and be bound by these terms as modified.

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS SERVICE. YOU ACKNOWLEDGE THAT YOU ARE NOT MISREPRESENTING ANY INFORMATION DURING YOUR ENROLLMENT OR USE OF THE SERVICE, INCLUDING YOUR IDENTITY OR INFORMATION ABOUT YOUR HEALTH DATA OR HEALTH CARE PROVIDERS.  YOU HAVE A CONTINUING OBLIGATION TO KEEP YOUR IDENTITY AND CONTACT INFORMATION UP TO DATE AND ACCURATE.

ORTHOFIX DOES NOT KNOWINGLY (A) COLLECT OR SOLICIT PERSONAL INFORMATION FROM ANYONE UNDER 18 YEARS OF AGE OR (B) ALLOW ANYONE UNDER 18 YEARS OF AGE TO INDEPENDENTLY REGISTER FOR THE SERVICE.

1. Scope of Service

This Agreement applies only to your use of the Service. Other policies, including Our Privacy Policy are available at  https://orthofix.com/privacy-policy/.

The Service provides a variety of content, products, and services, which may include, data analysis, participant access to their personal health account, personalized health education, and access to Orthofix’s wireless, mobile, and web-based technologies.

Depending on the Service that you are enrolled in, you may receive different levels of monitoring and support to your specific needs by Orthofix. Orthofix may make certain healthcare related information available to you and/or your physician or treating health care provider to facilitate your access to healthcare services.

Orthofix agrees to provide certain healthcare related information to you. Orthofix Medical Inc. does not provide clinical services and is independent from healthcare providers who will be providing any licensed services to you through the Service and is not responsible for such healthcare providers’ acts, omissions, or for any content of the communications made by them. Orthofix Medical Inc. does not engage in the practice of medicine or provide any other healthcare or clinical services. Features and specifications of products or services described or depicted as part of the Service are subject to change at any time without prior notice.

As a condition to use of the Service, you agree that you will not use the Service in a manner inconsistent with (i) this Agreement, or (ii) any and all applicable laws and regulations.

2. Your Account and Your Use of the Orthofix Service

You must provide accurate and complete information any time you initially register or continue to use the Service. It is your responsibility to provide Us with true, accurate, and complete email address, contact, and other information related to your account(s), and to maintain and promptly update any changes in this information. You are responsible for maintaining the confidentiality and security of your password and account credentials, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Orthofix of any unauthorized use of your password or account, and (b) ensure that you properly exit from your account at the end of each session. Orthofix shall not be liable for any loss or damage arising from your failure to comply with any of these terms and conditions.

The following actions are expressly prohibited in relation to your username and password used to obtain the Service:

• Sharing, disclosing, permitting access to, or otherwise facilitating the use by any person of your username and password or accessing, copying, or storing any part of the Service for non-personal use;
• Using the username and password to cache the Service in such a manner as to be accessible by persons who have not properly registered with Orthofix; or
• Using the username and password to permit multiple persons access to the Service through a local or wide area network.

If you have forgotten your username or password, the Service may use an email address previously provided by you to send your username or temporary password. You understand that any other individuals using the same email address will be able to gain access to your Service account information.

Your use of the Service and any content accessed through the Service must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. You may not interfere with or disrupt the proper operation of the Orthofix Service. You must be at least 18 years old to register and use the Service. You acknowledge that you are not misrepresenting any information during your enrollment or use of the service, including your identity or information or health care providers. You have a continuing obligation to keep your identity and contact information up to date and accurate.

If you use Orthofix’s mobile services to enter and maintain your personal information, including but not limited to entering any health information for purposes of electronic messaging or communication, you understand that you are responsible for safeguarding and securing your mobile device and the associated credentials (such as user identifiers and passwords). If you leave your mobile device unattended, or if it is lost or stolen, you understand that your personal information, including any health information, input into the Orthofix Application or Website may be accessible to others. You acknowledge and agree that there are privacy and security risks associated with using Orthofix’s mobile services to enter and maintain such information and by using Orthofix’s mobile services, you accept such risks.  By providing your phone number to Orthofix, you expressly consent to Orthofix periodically calling or texting you at this phone number – in person or through an automated system.

3. Text Message and Short Code Terms

By opting in you are agreeing to receive informational messages, messages from Orthofix and notifications about your scheduled events via text message or short message service (“SMS”). You can cancel the SMS service at any time. Just text “STOP” to Us. After you send the SMS message “STOP” to Us, We will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from Us. If you want to join again, contact Us at (800) 535-4492. If you are experiencing issues with the messaging program you can get help directly at PatientServices@Orthofix.com. Carriers are not liable for delayed or undelivered messages, and We are not liable for delayed or undelivered messages caused by carrier error. As always, message and data rates may apply for any messages sent to you from Us and to Us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our PRIVACY POLICY available at https://orthofix.com/privacy-policy/.

4. Use of Your Information/ Privacy Policy

If you create, transmit, or display information while using the Service, you may provide only information that you own or have the right to use. Orthofix will only use information you provide as permitted by Our PRIVACY POLICY available at https://orthofix.com/privacy-policy/ and applicable law. The purpose of Our Privacy Policy is to identify the information We collect online, the steps We take to protect it and your choices regarding how that information is used.

You acknowledge and agree that Orthofix may use your protected health information in accordance with Our HIPAA Notice of Privacy Practices and applicable law and may use anonymized and/or de-identified health information for medical research and other purposes as permitted pursuant to the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”), including in Title 45 C.F.R. Sections 164.508 and 164.512(i).

5. Intellectual Property

The Service, including without limitation the text, graphics, images, photographs, videos, illustrations, and other content contained therein is owned by Orthofix or its licensors and is protected under both United States and foreign laws. We grant to you, for your personal purposes as an individual consumer only, a nonexclusive, non-transferrable, non-sublicensable, limited, and revocable right to access and use the Service during the term of this Agreement, so long as you comply with the terms of this Agreement. You agree not to use the Service for any other purpose, including not to a) modify, prepare derivative works of, decompile or reverse engineer the Service (except as and only to the extent any foregoing restriction is prohibited by Applicable Law or regulation); (b) use the Service in a way that abuses or disrupts our networks, user accounts, or the Service including any sales outreach or commercial purposes other than the specific uses permitted by these Terms and Conditions; (c) transmit any harassing, indecent, obscene, fraudulent or unlawful material through the Service; (d) market, sell or resell the Service to any third party or otherwise commercially use the Service; (e) use the Service in violation of any applicable federal, state, local, or sectoral laws, regulations or ordinances, including without limitation any laws regarding the export of data or software or laws or security and data protection and employment discrimination laws; (f) use the Service to send unauthorized advertising or spam content; (g) harvest, collect, or gather data of other users; (h) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service or features that enforce limitations on use of the Service; (i) transmit any material that infringes, misappropriates or otherwise violates the intellectual property, privacy or other rights of third parties through the Service; (j) use or attempt to use another user’s account without express written authorization from that user and Orthofix; (k) impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity; (l) except as expressly permitted by Orthofix, copy, reproduce, distribute, publicly perform or publicly display all or any portions of the Service; (m) use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from the Service; (n) remove any proprietary rights, notices or markings in the Service; (o) do anything that might discover source code of the Service or bypass measures employed to prevent or limit access to any part of the Service; (p) develop or use any applications that interact with the Service without our prior written consent;  (q) access the Service via a bot or automated software; or (r) otherwise use the Service in any manner that violates these Terms or Applicable Law. Any other use of the Service other than as expressly authorized herein is strictly prohibited and will automatically and immediately terminate any and all licenses granted to you under these terms.

All materials available through the Service may be accessed, downloaded, or printed for the user’s own personal, noncommercial purpose and solely within the scope allowable by this Agreement. No other use of these materials is allowed without express written permission of Orthofix.

Any unauthorized use of the words or images from the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. The Service includes material that is derived in whole or in part from materials that are copyrighted, including the content, format and layout of the Service. The copyrights are owned by Orthofix, or for licensed content, the content providers.

None of the names, trademarks, service marks and logos of Orthofix appearing on the Service may be used in any advertising or publicity, or otherwise to indicate Orthofix’s sponsorship of or affiliation with any product or service without express written permission of Orthofix. Nothing contained within the Service should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right of use to any trademark displayed on or through the Service without the written permission of Orthofix or the third-party owner of the trademark, if any. The Service may contain other proprietary notices and copyright information, the terms of which must be observed and followed by you.

You also understand and agree that any and all comments, suggestions, ideas or feedback (collectively, “Feedback”) you provide Us about the Service or any Orthofix products or offerings, including how to improve them, is or becomes the exclusive property of Orthofix, including any associated rights to such Feedback, and Orthofix may freely use, copy, make, sell, reproduce or modify Feedback in any manner without consent, obligation or compensation to you.

Notice for Claims of Intellectual Property Violations and Copyright Infringement.

We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act with respect to any items or content on our Website or in our Application.  If you believe that your intellectual property rights, including copyright, trademark, or certain other intellectual property rights of third parties, have been infringed, please notify Us at compliance@orthofix.com and We will promptly investigate.

6. Right to Change Terms and Conditions

Orthofix may, at any time and from time to time, amend this Agreement. Any changes to this Agreement will be effective immediately upon posting of the changed terms and conditions on the Service or Our Website. You agree to periodically review these terms and conditions, and your continued use of the Service following any such change constitutes your agreement to follow and be bound by this Agreement as amended.

7. Computer Equipment, Browser Access, and Internet Services

You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Service. This responsibility includes, without limitation, your utilizing up to date web-browsers and strong encryption, antivirus, anti-spyware, and internet security software. You are additionally responsible for obtaining internet services via the internet service provider of your choice, for any and all fees imposed by such internet service provider and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the internet, and by using the Service you expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the Service, and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the Service for your convenience, have made your own independent assessment of the adequacy of your internet and Systems, and that you are satisfied with that assessment. You are responsible for any use of the Systems not necessary for the Services and any risks associated with or arising from such personal use. We are not responsible for any errors or problems that arise from the malfunction or failure of the internet or your Systems. Recording any interactions with Orthofix employees or agents pursuant to use of the Service is prohibited.

8. Content and Services Accessed through the Orthofix Service

If You choose to allow a third-party service provider (such as a Personal Health Record) to retrieve, provide, modify or otherwise use health and other information in your account or otherwise share your information with the service provider, it is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it. Once you enable a specific third-party service provider to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. ORTHOFIX MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.

9. Links to Other Sites

Orthofix may provide third-party-owned content (e.g., articles, data feeds, abstracts, etc.) and may also include hypertext links to third-party-owned websites. We provide such third-party content and links as a courtesy to Our users. We have no control over any third-party owned web sites or content referenced, accessed by or available through the Service and, therefore, We do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party web sites or content or for the availability of such web sites, and your access and use of such third-party content is at your own risk. IN PARTICULAR, WE DO NOT ACCEPT AND EXPRESSLY DISCLAIM ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD-PARTY OWNED CONTENT (WHETHER PUBLISHED ON THE SERVICE, OR ANY OTHER, WEB SITE) INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEB SITE OR CONTENT. If you link to third-party sites from Orthofix, you should consult the policy statements of each site you visit.

10. Payment

You authorize Orthofix to submit claims for Services to your health care provider, medical or insurer or health plan, if applicable. You are responsible for any fees owed to Us that are not paid by your group health plan, insurer, or other responsible third-party. This may include costs associated with the provision of Services by Orthofix. Costs associated with the provision of Services may accrue if you cancel or fail to appear for such Services.

11. Disclaimer of Warranty; Limitation of Liability

By using the Service, you agree and represent to Orthofix that you have the power and legal authority to accept and agree to these terms and conditions on behalf of yourself or as a legal guardian of someone else, and that you own all of the legal rights to the information you provide and grant the rights and licenses granted herein; and all information that you provide to Orthofix or its employees and/or affiliates is accurate, complete, and true when provided.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICE ARE PROVIDED AND USED AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ORTHOFIX AND ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES AND MATERIALS CONTAINED ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY, AND/OR TIMELINESS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ACCESS TO THE SERVICE MAY BE INTERRUPTED AND INFORMATION, SERVICES AND MATERIALS MAY NOT BE ERROR-FREE. NONE OF ORTHOFIX, ITS SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, AND MATERIALS PROVIDED ON THE SERVICE; THEY ALSO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE THE SERVICE FOR ANY REASON. ORTHOFIX AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH, OR WORK WITH ANY OF ORTHOFIX, ITS LICENSEES, OR ANY THIRD PARTY SOFTWARE, SYSTEM, OR OTHER PRODUCTS OR SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SERVICE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ORTHOFIX AND ITS SUPPLIERS, INCLUDING GARMIN INTERNATIONAL, INC. SHALL NOT BE LIABLE TO YOU IN RESPECT OF ANY CLAIM, DEMAND, OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND, OR ACTION, ALLEGING ANY LOSS, INJURY, OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT HEREUNDER OR FROM ANY ACT OR OMISSION BY ORTHOFIX OR ANY OTHER PARTY RELATED TO THIS AGREEMENT, INCLUDING FROM THE USE OR POSSESSION OF THE SERVICE OR END USER DATA, OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS, OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST OR CORRUPTED DATA,  COMPUTER FAILURE OR MALFUNCTION OR INTERRUPTION OF BUSINESS) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY DEFECT IN THE SERVICE, OR OTHERWISE UNDER THIS AGREEMENT, INCLUDING A BREACH HEREOF, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ORTHOFIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.  TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ORTHOFIX’S AND GARMIN INTERNATIONAL, INC.’S TOTAL AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIM OR ACTION ARISING UNDER THIS AGREEMENT, OR OTHERWISE WITH RESPECT TO THE SERVICE, SHALL NOT EXCEED $1.00.

YOU SHALL NOT BE LIABLE TO ORTHOFIX FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS, OR SAVINGS, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

SOME STATES (INCLUDING NEW JERSEY), TERRITORIES, AND COUNTRIES DO NOT ALLOW CERTAIN LIABILITY EXCLUSIONS OR DAMAGES LIMITATIONS; PROVIDED, HOWEVER, THAT, IN THE EVENT ANY SUCH LIABILITY EXCLUSION AND/OR DAMAGES LIMITATION IS DECLARED INVALID OR UNENFORCEABLE, SUCH LIABILITY EXCLUSION AND/OR DAMAGES SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND WAIVE ALL CLAIMS AGAINST ORTHOFIX AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, AGENTS, LICENSORS, CO-BRANDERS, REPRESENTATIVES, AND EMPLOYEES INCLUDING GARMIN INTERNATIONAL, INC. AND ITS AFFILIATES FROM ANY AND ALL LIABILITY FOR CLAIMS, DAMAGES (INCLUDING ACTUAL AND/OR CONSEQUENTIAL), COSTS, AND EXPENSES (INCLUDING LITIGATION COSTS AND ATTORNEYS’ FEES) OF EVERY KIND AND NATURE, ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICE.

12. Indemnification

You agree to the maximum extent permitted by applicable law to indemnify, defend, and hold harmless Orthofix and its suppliers and their respective affiliates, employees, officers, directors, managers, partners, members, shareholders, agents, servants, licensors, co-branders, representatives, employees and representatives of each from any third-party liability, loss, claim, suit, judgment, demand, cost, damage, and expense (including reasonable attorneys’ fees and expenses) (each a “Claim”) related to (i) your violation or breach of this Agreement; (ii) your misuse of the Service, including any features, functionality, tools, content or promotions available through the Service; (iii) your posting of material to the Service; (iv) your misrepresentation, gross negligence or willful misconduct; and (v) your breach of federal, state, local, or other applicable laws or regulations.

Orthofix shall use good faith efforts to provide You with written notice of such Claim. Orthofix reserves the right, in Orthofix’s sole discretion, to assume the exclusive defense, control, and settlement of any Claim with legal counsel of Orthofix’s choice at the expense of You, and, in such case, You agree to fully cooperate with Orthofix in the defense of any such Claim. You may not enter into any third-party agreement that would, in any manner whatsoever, constitute an admission of fault by Orthofix or bind Orthofix in any manner, without Orthofix’s prior written consent.

13.  Dispute Resolution

PLEASE READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ORTHOFIX. NO CLASS OR REPRESENTATIVE ACTIONS ARE ALLOWED, AND THIS SECTION PRECLUDES YOU FROM HAVING A JURY TRIAL.

13.1  NO REPRESENTATIVE ACTIONS.  YOU AND ORTHOFIX AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE IS PERSONAL TO YOU AND ORTHOFIX AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ACTION, AND WILL NOT BE BROUGHT AS A CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.

13.2 NO JURY TRIAL.  YOU AND ORTHOFIX EACH WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

13.3 ANY CLAIM THAT YOU WISH TO ASSERT AGAINST ORTHOFIX OR ANOTHER ORTHOFIX PARTY MUST BE FILED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION UNDERLYING SUCH CLAIM FIRST AROSE, OTHERWISE, THE DISPUTE IS PERMANENTLY BARRED, WHICH MEANS THAT YOU WILL NOT HAVE THE RIGHT TO ASSERT HE CLAIM IF YOU FAIL TO NOTIFY ORTHOFIX OF THE DISPUTE WITHIN SUCH TIME PERIOD.

13.4  IF ANY PORTION OF THIS SECTION 13 IS FOUND UNENFORCEABLE OR UNLAWFUL FOR ANY REASON, (A) THE UNENFORCEABLE OR UNLAWFUL PROVISION SHALL BE SEVERED FROM THESE TERMS; (B) SEVERANCE OF THE UNENFORCEABLE OR UNLAWFUL PROVISION SHALL HAVE NO IMPACT WHATSOEVER ON THE REMAINDER OF THIS SECTION 13.

14.  Applicable Law

If you choose to access the Services from or use the Services outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. To the extent permissible by law, Orthofix accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Services outside of the United States. You agree that the statutes and laws of the State of Delaware, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of the Service. Any dispute between Orthofix and you related to this Agreement shall be resolved exclusively in and by the state and federal courts of the State of Texas in Dallas County, Texas.

15. Modification and Termination of the Orthofix Service

You may terminate your use of the Service at any time by not using the Service anymore. Orthofix reserves the right to suspend or terminate Service for any reason it deems appropriate at any time, including, but not limited to, a belief that your conduct or your use of the Service violates any of these terms or applicable laws or is harmful to the interests of Orthofix, its clients or any other users, your abusive, harassing, threatening or otherwise inappropriate behavior, or illegal or inappropriate conduct, such as falsifying information to receive Service. Orthofix also may place limits on, modify, suspend, or terminate the Service generally, as it deems appropriate or in response to a legal or regulatory change, and may modify, suspend or terminate your use of the Service if you fail to comply with this Agreement. This suspension or termination may delete your information, files, and other previously available content except where prohibited by law. If Orthofix terminates the Service or your use of the Orthofix Service, these terms and conditions shall continue to be effective, including Sections 2, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 19, to the extent not otherwise prohibited by law.

16. Your Responsibilities

You are responsible for adhering to the following principles when using the Services:

• Respect: You are expected to demonstrate respectful behavior toward Orthofix team members at all times, and you agree not to transmit any harassing, indecent, obscene, fraudulent, or unlawful material through the Service. You also agree not to harvest, collect or gather data of other users.
• Safety and Security: You are responsible for following safety instructions given to you by Orthofix regarding Orthofix’s programs and services. You also agree to not remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any contents accessible through the Service or features that enforce limitations on use of the Service.
• Care Plan: You are responsible for following any next steps of the care plan as outlined by your treating health care provider. You are responsible for any decisions to refuse treatment and any outcomes that arise from that refusal.
• Intellectual Property: You agree not to modify, prepare derivative works of, decompile or reverse engineer the Service (except as, and only to the extent any foregoing restriction is prohibited by applicable law or regulation). You also agree not to market, sell, or resell any part of the Service to any third party or otherwise commercially use the Service.

17. General Legal Terms

If you have not signed a separate written agreement with Orthofix related to the Service, this Agreement, along with the related Privacy Policy, is the entire agreement between you and Orthofix related to the Service, replacing any prior agreements. If there is any conflict between this Agreement and a signed written agreement between you and Orthofix related to the Service, this Agreement will control. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions of the Agreement remain in full force, provided that the essential terms and conditions of this Agreement remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by the Agreement are materially preserved. You may not assign, transfer, or delegate any of your rights or obligations under these terms and conditions, without Our prior written consent. Orthofix may assign, transfer, or delegate Our rights and obligations under these terms and conditions, in whole or in part, in Our sole discretion. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations. Nothing in this Agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.

18. Medical Advice

Provision of medical or healthcare advice is not provided by Orthofix Medical Inc. but rather through the individual medical or healthcare providers with whom you must first establish a physician-patient relationship, before obtaining medical advice. Using, accessing, and/or browsing the Website or Application or providing personal medical history does not create a physician-patient relationship between you and Orthofix or any of its employees and/or affiliates.

Unless otherwise expressed to you in writing, nothing in the Service is intended to create a physician-patient or to replace the services of a licensed, trained, in-person physician or other health professional or be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Website or Application, and you should consult a medical provider licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Service.

Any content accessed through the Service is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. The Service should not be used during a medical emergency. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Service.

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise, does not constitute or imply the endorsement or recommendation of such by Orthofix.

Call 911 or your doctor for all medical emergencies. ORTHOFIX MEDICAL INC. IS NOT RESPONSIBLE OR LIABLE FOR ANY MEDICAL ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SERVICE.

19. Contact Information. Orthofix is headquartered in Lewisville, Texas in the United States of America.

Orthofix Medical Inc.
3451 Plano Parkway
Lewisville, TX 75056
Attn: Privacy Officer
Email: privacy@orthofix.com

Last updated on October 14, 2024