By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of Use, do not use this site!
ORTHOPODZ, Inc. (ORTHOPODZ) may revise and update these Terms and Conditions at any time. Your continued usage of the ORTHOPODZ website (the Site) will mean you accept those changes.
2. THE SITE DOES NOT PROVIDE MEDICAL ADVICE. The contents of the ORTHOPODZ Site, such as text, graphics, images, information obtained from ORTHOPODZ sponsors and other material contained on the Site (Content) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. ORTHOPODZ does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Site. Reliance on any information provided by ORTHOPODZ, its employees, others appearing on the Site at the invitation of ORTHOPODZ or other visitors to the Site is solely at your own risk.
The Site may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
3. USE OF CONTENT. ORTHOPODZ authorizes you to view or download a single copy of the material on the ORTHOPODZ Site solely for your personal, noncommercial use if you include the following copyright notice: Copyright (c) ORTHOPODZ Inc. All rights reserved and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with ORTHOPODZ or its sponsors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws. Content and features are subject to change or termination without notice in the editorial discretion of ORTHOPODZ. All rights not expressly granted herein are reserved to ORTHOPODZ and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, Software) are deemed to be licensed to you by Company for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
4. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting or otherwise distributing information or other content (User Content) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, Content) in violation of any third partys copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party or otherwise violated any intellectual property laws or regulations. Companys policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Companys designated agent at: ORTHOPODZ, Inc. Divakar Krishnareddy email: Divakar@orthopodz.com
8. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
9. LIABILITY OF ORTHOPODZ AND ITS SPONSORS. The use of the ORTHOPODZ Site and the Content is at your own risk.
When using the ORTHOPODZ Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of ORTHOPODZ and its suppliers. Accordingly, ORTHOPODZ assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the ORTHOPODZ Site.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE AS IS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY. COMPANYS LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
11. AFFILIATED SITES. Company has no control over and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
12. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, flooding, spamming, mail bombing, or crashing; (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
13. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
14. COPYRIGHT. All contents of Site or Service are: Copyright 2008 ORTHOPODZ, Inc. All rights reserved.
15. ORTHOPODZ SUBSCRIPTION SERVICES. If you subscribe to ORTHOPODZs subscription service, the following terms and conditions will apply depending on which service you choose. You should be aware that the ORTHOPODZ Subscription Service is not intended or designed for the general public or to attract children under the age of 18. These services do not collect any Personally Identifiable information from any person we know to be a child under the age of 18.
The Subscription Services provided are for healthcare providers and not for the general public.
Subscriber Services
ORTHOPODZ or its licensors have no liability or responsibility to users of the ORTHOPODZ Site or any other person or entity for performance or nonperformance of the aforementioned activities.
16. ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES. ORTHOPODZ may provide links to third-party websites. ORTHOPODZ also may select certain sites as priority responses to search terms you enter and ORTHOPODZ may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. ORTHOPODZ does not recommend and does not endorse the content on any third-party websites. ORTHOPODZ is not responsible for the content of linked third-party sites, sites framed within the ORTHOPODZ Site, third-party sites provided as search results or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. ORTHOPODZ does not endorse any product advertised on the ORTHOPODZ Site.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction and Complete Agreement.
17. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Orange County, California, USA in all disputes arising out of or related to the use of the Site or Service.
18. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
20. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Companys purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Access to the Content may not be legal by certain persons or in certain countries. If you access the ORTHOPODZ Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
21. JURISDICTION. You expressly agree that exclusive jurisdiction for any dispute with ORTHOPODZ or in any way relating to your use of the ORTHOPODZ Site resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving ORTHOPODZ or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
22. NOTICE AND TAKEDOWN PROCEDURES; AND COPYRIGHT AGENT. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the website by contacting ORTHOPODZ and providing the following information:
(1) Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(2) Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
(3) Your name, address, telephone number and (if available) e-mail address.
(4) A statement that you have a good faith belief that the complained of us of the materials is not authorized by the copyright owner, its agent or the law.
(5) A statement that the information that you have supplied is accurate and indicating that under penalty of perjury you are the copyright owner or are authorized to act on the copyright owners behalf.
(6) A signature or the electronic equivalent from the copyright holder or authorized representative.
ORTHOPODZ, Inc., Huntington Beach, California
In an effort to protect the rights of copyright owners, ORTHOPODZ maintains a policy for the termination in appropriate circumstances of subscribers and account holders of the Site who are repeat infringers.
23. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
24. ACKNOWLEDGMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
25. COMPLETE AGREEMENT. Except as expressly provided in a particular legal notice on the ORTHOPODZ Site, these Terms and Conditions and the ORTHOPODZ Privacy Policy and Agreement constitute the entire agreement between you and ORTHOPODZ with respect to the use of the ORTHOPODZ Site and Content.
Thank you for your cooperation. We hope you find the ORTHOPODZ.com Site helpful and convenient to use. Questions or comments regarding this website, including any reports of nonfunctioning links, should be submitted using our email to Rupesh@orthopodz.com.