TERMS AND CONDITIONS

By using this Site, you consent and agree to the following Terms and Conditions associated with this Site.  Axya Medical, Inc. reserves the right to revise and update these Terms and Conditions at any time.  Your ongoing and continued use of this Site is your agreement and acceptance of any and all modifications.

COPYRIGHTS AND TRADEMARKS
Everything you see on this Site, including text, graphics, images, and data (Content) is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by Axya Medical, Inc. or by third parties who have licensed their materials to Axya.  

In addition, the names “Axya”, “Axya Medical” and marks identifying our products and services referenced herein are trademarks and may not be used without the prior written permission of Axya Medical, Inc.

Axya Medical, Inc. authorizes you to view the material on the Site solely for your personal use, and to copy or download the material solely for your own personal, noncommercial use subject to these Terms and Conditions.  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.  Axya Medical, Inc., as appropriate, retains all ownership rights not expressly addressed in these Terms and Conditions.  Axya Medical, Inc. does not assume any liability for or relating to the delay, failure, interruption, or corruption of any of the Content or other data transmitted in connection with use of the Site.

THIS SITE IS NOT A SUBSTITUTE FOR MEDICAL ADVICE

You are urged to always seek the advice of a physician or other qualified health provider for questions or information related to any medical condition, injury, diagnosis, treatment, symptom or medical advice. This Site is not a substitute for professional medical advice. Do not delay or disregard any medical inquiry because of information you obtain from this Site or affiliated sites. If you have a medical emergency, immediately call 911 or the emergency number in your area or contact your physician.

DISCLAIMER OF WARRANTIES
THIS WEB SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND.   AXYA MEDICAL, INC. AND ITS LICENSORS AND VENDORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY THE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.  AXYA MEDICAL, INC. AND ITS LICENSORS AND VENDORS MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE ACCURACY, TRUTHFULNESS, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS, PROVIDED ON OR THROUGH THE USE OF THIS SITE.    WITHOUT LIMITING THE FOREGOING, AXYA DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. AXYA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.  USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL AXYA MEDICAL, INC. OR ITS LICENSORS, VENDORS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING BUSINESS INTERRUPTION) ARISING DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS SITE, EVEN IF AXYA MEDICAL, INC. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EXISTENCE.

INDEMNIFICATION

Each user of the Site agrees to defend, indemnify and hold harmless Axya Medical, Inc. and its officers, directors, employees, agents, licensors and vendors from and against any and all claims, actions or demands, loss, damage, liabilities, expenses and settlements, including, without limitation, legal and accounting fees, arising from or caused by the user's violation of the terms andconditions of this Agreement. 

COMPLIANCE WITH LAWS
Users of the Site agree to comply with all applicable laws, statutes, ordinances, and regulations applicable to use of the Site.  Axya Medical, Inc. makes no claims that the Content of this Site is appropriate or legal to view or download outside of the United States. For certain persons or individuals in certain countries this Content may not be legal for viewing or use. Access the Site at your own risk. You are advised that you are responsible for compliance with the laws of your state/country/jurisdiction.

JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with Axya Medical, Inc. or in any way relating to your use of the Site resides in the courts of the Commonwealth of Massachusetts in connection with any such dispute including any claim involving Axya Medical, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the substantive laws of the Commonwealth of Massachusetts without respect to its conflicts 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.

USE OF THIS SITE BY CHILDREN UNDER 18
This Site is not to be used by children under the age of 18 unless with the participation and guidance of their legal guardian. If you are the legal guardian of a child under the age of 18, you agree to supervise any use of this Site by such child and to be fully responsible for such use. You further agree to defend, indemnify and hold Axya Medical, Inc. harmless from and against any and all claims, liability or expenses arising out of such child's use of the Site.

USE OF COOKIES

"Cookies" are small pieces of information that some Web sites store on your computer's hard drive when you visit them. We may use cookies to provide us with information relating to the sources of our site traffic. Most Web browsers automatically accept cookies but allow you to modify security settings so you can approve or reject cookies on a case-by-case basis. If you reject cookies from our site, some parts of our site may not work properly.

LINKS TO OTHER SITES
This Site contains links to other sites. Please be aware that Axya Medical, Inc. makes no representation or warranty about any other web site that you may access directly or indirectly through or from our Site. To the extent that you access another web site from our Site, these Terms and Conditions will not apply when you move to the other web site.  Axya Medical, Inc. is not responsible for any information you provide to a web site accessed directly or indirectly through our Site, or for the privacy of the information that you may submit to another web site...

EDITORIAL AND CONTENT POLICY
This Site has been created to allow the public access to understandable orthopaedic medical information available on the Internet. It is our goal that users find the information contained herein interesting, clear, concise, and relevant to their specific orthopaedic questions and concerns.  Axya Medical, Inc. is committed to posting only quality Content on our Site. We have partnered with third-party content providers and an affiliated physician practice network for the provision of content.  We draw Content from a consortium of professionals to post on this Site.  Additionally, we have strategic, commercial and content partners used to develop and maintain the Site, including graphics production.  The strategic content partners for graphics develops the majority of the graphical clinical content and exercises posted on the Site, including graphical and animated representations of anatomy and physiology, exercises, surgical procedures, and injury mechanisms/disease pathologies.  We seek to provide the most comprehensive, credible, reliable, and relevant medical information possible.

COMPLETE AGREEMENT

These Terms and Conditions constitute the entire agreement between you Axya Medical, Inc. with respect to the use of the Site, and Content.