INTELLECTUAL PROPERTY
Copyright © 2018 Flower Orthopedics. All rights reserved. The entire contents of this web site (the “Content” and the “Site”, respectively) are the sole property of Flower Orthopedics or its licensors. You may not (i) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content, other than for your own personal, non-commercial use of the Site as expressly permitted; (ii) access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site; or (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any business being conducted on the Site.
All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Flower Orthopedics or other respective owners that have granted Flower Orthopedics the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of Flower Orthopedics, and you may not remove or otherwise modify any trademark notices from any Content.
Flower Orthopedics products are covered by one or more patents or pending patent applications.
If you submit any unsolicited suggestions or materials, including any ideas, comments, suggestions, or the like (collectively, “Information”), such Information will be treated as non-confidential and non-proprietary. Furthermore, you give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Information. Flower Orthopedics is free to use any Information, without limitation and without any compensation to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using Information or editing, altering, broadcasting, posting, publishing, copying, disclosing, distributing, incorporating and otherwise using Information. By submitting Information to Flower Orthopedics, you agree Flower Orthopedics is free to use the Information for any purpose whatsoever.
The collection and processing of any personally identifiable information through this Site shall be handled in accordance with the Privacy Policy.
NO MEDICAL ADVICE
The materials on this web site do not in any way replace the relationship that you have with your physician and are for general educational information only. Flower Orthopedics does not practice medicine or provide medical services or advice and the information on this web site should not be considered medical advice. You should always talk to your physician for diagnosis and treatment.
DISCLAIMER
INFORMATION CONTAINED ON THIS SITE, INCLUDING PRODUCT INFORMATION, IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FLOWER ORTHOPEDICS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR SECURE FROM UNAUTHORIZED ACCESS OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR SECURE FROM UNAUTHORIZED ACCESS. FLOWER ORTHOPEDICS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO FLOWER ORTHOPEDICS THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR OTHERWISE PROHIBITED BY FLOWER ORTHOPEDICS. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND ITS CONTENTS IS AT YOUR OWN RISK.
THIS SITE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, OPINIONS OR INFORMATION FOR DECISION-MAKING. FLOWER ORTHOPEDICSS MEDICAL DEVICES ARE AVAILABLE BY PRESCRIPTION ONLY. PHYSICIANS ARE ADVISED TO REVIEW THE INSTRUCTIONS FOR USE AND SURGICAL MANUAL BEFORE IMPLANTING A FLOWER DEVICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FLOWER ORTHOPEDICS, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF FLOWER ORTHOPEDICS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL FLOWER ORTHOPEDICS’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE EXCEED TEN DOLLARS.
ERRORS
Flower Orthopedics accepts no responsibility for typographical errors or technically inaccurate information contained on this Site. Flower Orthopedics specifically reserves the right to change, delete or update information without notice at any time; however, Flower Orthopedics accepts no obligation to update the information contained on this Site.
PRODUCT INFORMATION
This web site contains information about products that may or may not be available in any particular country or may be available under different trademarks in different countries. The products may be approved or cleared by governmental regulatory organizations for sale or use with different indications or restrictions in different countries. Products may not be approved for use in all countries. Nothing contained on this site should be construed as a promotion or solicitation for any product or for the use of any product in a particular way which is not authorized under the laws and regulations of [the country where the reader is located]. Flower Orthopedics products have been approved or cleared for specific indications by the U.S. Food and Drug Administration [or the equivalent agency in other countries]. Flower Orthopedics does not promote or endorse in any way the use of Flower Orthopedics products for any indication which has not been approved or cleared in the country where the reader is located. Specific questions physicians may have about the availability and use of the products described on this Site should be directed to their particular local sales representative. Specific questions patients may have about the use of the products described on this Site or the appropriateness for their own conditions should be directed to their own physician. In addition, refer to the product package inserts for important information regarding Flower Orthopedics products.
PHYSICIAN LOCATOR
The physicians identified by Flower Orthopedics as part of the physician locator contained on this web site are physicians who have used Flower Orthopedics products in the past. No other criteria are used by Flower Orthopedics in identifying these physicians. Flower Orthopedics makes no endorsements, warranties or representations express or implied, regarding the abilities or qualifications of physicians identified by Flower Orthopedics. Patients are responsible for making an independent determination as to the qualifications of these physicians and whether a physician suits their particular needs. Flower Orthopedics cannot and does not practice medicine. All decisions regarding products and techniques must be made by physicians in consultation with their patients.
LINKS TO OTHER SITES
This web site may have links to web pages that are not associated with Flower Orthopedics. Flower Orthopedics provides these links for your use, but we do not review, control, or monitor the information on any other web sites. Flower Orthopedics is not responsible for the content provided on those sites, does not guarantee in any way the accuracy of the information provided, and does not recommend any particular product or service contained on those linked sites. These web sites may contain information about uses of Flower Orthopedics products that have not been approved in the country where the reader is located. Flower Orthopedics does not control or endorse this information.
APPLICABLE LAW
Your use of this Site shall be governed in all respects by the laws of the Commonwealth of Pennsylvania, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in the Eastern District of Pennsylvania. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. Flower Orthopedics failure to insist upon or enforce strict performance of any provision of this Legal Statement shall not be construed as a waiver of any provision or right.
