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ACCEPTANCE OF TERMS THROUGH USE
By using this site, you signify your agreement to all terms, conditions,
and notices contained or referenced herein (the "Terms of Use"). If you do
not agree to these Terms of Use please do not use this site. We reserve the
right, at our discretion, to update or revise these Terms of Use. Please
check the Terms periodically for changes. Your continued use of this site
following the posting of any changes to the Terms of Use constitutes
acceptance of those changes.
AGREEMENT TO RULES OF USER CONDUCT
You agree to abide by The Surgical Edge Rules of User Conduct, including but
not limited to, agreeing not to use this site for any unlawful purpose. A
copy of the Rules of Conduct, which you should review, can be found
here.
THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other
sites on the Internet. These sites may contain information or material that
some people may find inappropriate or offensive. These other sites are not
under the control of The Surgical Edge, and you acknowledge that The Surgical
Edge is not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the content of such sites. The inclusion of
such a link does not imply endorsement of the site by The Surgical Edge or
any association with its operators.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on this
site are protected by copyrights, trademarks, service marks, patents, trade
secrets, or other proprietary rights and laws. Except as expressly authorized
by The Surgical Edge, you agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit, or create derivative works from such materials or content. Notwithstanding
the above, you may print or download one copy of the materials or content on
this site on any single computer for your personal, noncommercial use, provided
you keep intact all copyright and other proprietary notices. Systematic retrieval
of data or other content from this site to create or compile, directly or
indirectly, a collection, compilation, database or directory without written
permission from The Surgical Edge is prohibited. In addition, use of the content
or materials for any purpose not expressly permitted in these Terms of Use is
prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes
of any materials or design elements on this site is strictly prohibited without
the express written permission of The Surgical Edge. Permission is granted only
when certain limited criteria are met. For information on requesting such
permission, please click here.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
- grant The Surgical Edge and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
- warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by The Surgical Edge will not infringe or violate the rights of any third party.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this site in
a way that constitutes copyright infringement, you may notify The Surgical Edge.
Click here for instructions.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE"
FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE SURGICAL EDGE, ITS
SUBSIDIARIES, AND ITS LICENSERS DO NOT WARRANT THAT THE CONTENT IS ACCURATE,
RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY
AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE SURGICAL EDGE, ITS SUBSIDIARIES, OR ITS LICENSERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF THE SURGICAL EDGE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE SURGICAL EDGE LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
Upon a request by The Surgical Edge, you agree to defend, indemnify, and hold harmless
The Surgical Edge and its subsidiary and other affiliated companies, and their
employees, contractors, officers, and directors from all liabilities, claims, and
expenses, including attorney's fees, that arise from your use or misuse of this site.
The Surgical Edge reserves the right, at it own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
in which event you will cooperate with The Surgical Edge in asserting any available
defenses.
INTERNATIONAL USE
The Surgical Edge makes no representation that materials on this site are appropriate
or available for use in locations outside the United States, and accessing them from
territories where their contents are illegal is prohibited. Those who choose to access
this site from other locations do so on their own initiative and are responsible for
compliance with local laws.
CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of
the Commonwealth of Virginia, excluding its conflicts of law rules. You expressly agree
that the exclusive jurisdiction for any claim or action arising out of or relating to
these Terms of Use or your use of this site shall be filed only in the state or
federal courts located in the Commonwealth of Virginia, and you further agree
and submit to the exercise of personal jurisdiction of such courts for the purpose
of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement
between you and The Surgical Edge with respect to this site and supersedes all prior
or contemporaneous communications and proposals (whether oral, written, or electronic)
between you and The Surgical Edge with respect to this site. If any part of these
Terms of Use is held invalid or unenforceable, that portion shall be construed in a
manner consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full force and
effect.
THE SURGICAL EDGE E-MAIL SERVICE ON THE WEB REGISTRATION AGREEMENT
If you use The Surgical Edge E-Mail, your use of The Surgical Edge E-Mail software
(the "Software") constitutes your acceptance and agreement of the following: You
understand and reaffirm your agreement to The Surgical Edge then-current Terms of
Service. You further agree and acknowledge that by using the Software to access the
The Surgical Edge service, you will be subject to any applicable charges for the
use of the The Surgical Edge service as set forth in the terms and conditions of the
pricing plan you have chosen.
You understand that The Surgical Edge provides no assistance, including any technical
or customer support, in the use of the Software, and that your use of the Software is
at your own risk. The Software is provided "AS IS" and "AS AVAILABLE" and no warranties
are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
The Surgical Edge is in no way liable for any claims arising from your use of the
Software. As a condition of your use, you agree to indemnify The Surgical Edge for
all claims relating to your downloading, use, reproduction of, and/or receipt or distribution
of content through, the Software. The Surgical Edge reserves the right, in its sole
discretion and at any time, to modify or discontinue the Software; limit, terminate or
suspend your use of the Software; assess charges for the use of the Software in the future;
and/or make changes to this Registration Agreement.
TERMINATION
The Surgical Edge reserves the right, in its sole discretion, to terminate your
access to all or part of this site, with or without notice.
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