Terms of use

Spinemarket TERMS OF USE

 

 

Spinemarket operates the spine-market.com web site (the "Site") to provide online access to information regarding the information services Spinemarket provides (the "Service").
Please take a few minutes to review the terms and conditions set forth herein (the "Terms of Use"). By accessing and using the Site, you express your understanding and agreement that you are bound by the Terms of Use. If you are unwilling to be bound by the Terms of Use, you are not authorized to access or use the Site for any purpose.
Spinemarket reserves the right to modify the Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use the Site. The last date the Terms of Use were revised is set forth below.

1. INTELLECTUAL PROPERTY
You may use the Site, the Service and the Content solely for your personal, non-commercial use. You may download, print and store portions of the Content that you select, provided that you: (1) only use these copies of the Content for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. Spinemarket reserves complete title and full intellectual property rights in any Content you download from the Site, subject to this limited license for you to make personal use of the Content as set forth herein.
You agree not to modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site or the Service, except as expressly permitted by the Terms of Use. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page. You may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

2. DISCLAIMERS
a. Third Party Links. Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Spinemarket of the third party, the third-party web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that Spinemarket is not responsible for the availability of any such web sites or liable for the content thereon. You assume all liability regarding your interactions or communications with any other web site.
b. Downloading Files. Spinemarket cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with the user.
c. International Use. Spinemarket makes no representation that the Content is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct. IT IS AT THE EXPRESS CONSENT OF THE PARTIES THAT THE PRESENT AGREEMENT BE WRITTEN IN ENGLISH. C'EST � LA DEMANDE EXPRESSE DES PARTIES QUE CETTE CONVENTION SOIT R�DIG�E EN ANGLAIS.

3. DISCLAIMER OF WARRANTIES
YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE SERVICE AND THE CONTENT. Spinemarket MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. Spinemarket EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT.
Spinemarket SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS ALL CONTENT PROVIDED BY THE SITE OR THE SERVICE.
Spinemarket DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. Spinemarket DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
4. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Spinemarket BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF Spinemarket HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
The foregoing limitations of liability shall apply notwithstanding any failure of essential purpose of any limited remedy stated herein.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, Spinemarket' LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

5. INDEMNIFICATION
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Spinemarket, its employees, agents, officers and directors from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

6. USER CONDUCT
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site, the Content or Spinemarket's servers. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might harm or interfere with the rights of third parties.

7. USER-SUPPLIED INFORMATION
If you supply Spinemarket with any information or material via the Site, you guarantee to us that you own or have the legal right to use such information or material and that your use and transmission of such information or material will not violate any law or the rights of any person or entity. By posting content on the Site, you give Spinemarket the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. Spinemarket has the right to remove any postings at any time and without notice.

8. GENERAL PROVISIONS
a. Entire Agreement/No Waiver. The Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Spinemarket of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Spinemarket therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Spinemarket does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/Choice of Law/Choice of Forum. If any part of the Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to the Terms of Use, your use of the Site, any other Spinemarket web site, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court situated in Saint Paul, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.
d. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
� Copyright 2001, Spinemarket All rights reserved.
QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to [email protected].
DATE OF LAST MODIFICATION April 1, 2004