Site Use Agreement
The network of web sites (collectively, the “Site”) owned, operated, licensed or controlled by Osteotech, Inc. and/or its subsidiaries (referred to as Osteotech, Inc. herein), is comprised of various web sites and web pages. The Site is owned and operated by Osteotech, Inc. Your access or use of the Site constitutes your agreement to this Agreement, and all other terms, conditions and notices on the Site. If you do not agree to the terms of this Agreement, please do not use the Site. For the most part, the Site contains information about products and medical procedures authorized in the United States and is intended for a U.S. audience. Visitors may see information on the Site about products or medical procedures that are not available or authorized in their country.
Restrictions on use of Site
No material from the Site may be copied, reproduced, republished, modified, uploaded, posted, performed, displayed, transmitted, distributed, licensed, transferred, sold, or used to create derivative works, in any way, except that you may download, e-mail, or print one copy of the materials on any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose is a violation of this Agreement and Osteotech, Inc.’s copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. The use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Site is prohibited. In your use of the Site, you shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law.
Copyrights and trademarks
The entire content included in this Site, including but not limited to, text, design, graphics, interfaces, and code and the selection and arrangement thereof, is protected under the copyright laws of the United States and other intellectual property laws and is owned by Osteotech, Inc. All trademarks, service marks and trade names are owned by Osteotech, Inc. or other respective owners.
User Submissions
Except for any personal information we may collect from you pursuant to the Osteotech Web Site Privacy Policy [make words Privacy Policy into link to policy], any material, information, ideas, concepts, know-how, techniques, or other communication you transmit, upload, or post to this Site (“User Submissions”) will be considered non-confidential and non-proprietary. Osteotech, Inc. will have no obligations with respect to User Submissions. Osteotech, Inc. and its designees will be free to copy, disclose, distribute, incorporate and otherwise use User Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
Third-party links
In an attempt to provide increased value to our visitors, the Site may contain links to other sites on the Internet that are owned and operated by third parties (the “External Sites”). However, even if a third party is affiliated with Osteotech, Inc., Osteotech, Inc. has no control over the External Sites, all of which likely have separate privacy and data collection practices, independent of Osteotech, Inc. Osteotech, Inc. has no responsibility or liability for your use of the External Sites. Links to the External Sites are only for your convenience, and you access them at your own risk. Nevertheless, Osteotech, Inc. wants to make your experience visiting the Site satisfying and therefore requests your feedback on the Site and on links to the External Sites (including if a specific link does not work). Please contact the Site administrator with any feedback.
Typographical errors
If an Osteotech, Inc. product is listed at an incorrect price or with other incorrect product information due to a typographical error, Osteotech, Inc. shall have the right to refuse or cancel any orders placed for a product at the incorrect price or using the incorrect product information.
Disclaimer
This Site contains information relating to various medical conditions and their treatment. This is for informational purposes only, should not be considered medical advice, and is not meant to be a substitute for the advice provided by your own physician or other medical professional. You should not use the information contained herein for diagnosing a health problem or disease. You should always consult your own physician and medical advisors. Osteotech, Inc. uses reasonable efforts to include accurate and up-to-date information in the Site. Osteotech, Inc. makes no warranties or representations as to its accuracy. Osteotech, Inc. assumes no liability or responsibility for any errors or omissions in the content of the Site.
Although Osteotech, Inc. may from time to time monitor or review the discussions, charts, postings, transmissions, bulletin boards and other dialogue (“Dialogue”) on the Site, Osteotech, Inc. is under no obligation to do so and assumes no responsibility or liability arising from the Dialogue contained in the Site, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Site.
THE SITE AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS IN THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OSTEOTECH, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM A COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. OSTEOTECH, INC. DOES NOT WARRANT THAT USE OF THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. OSTEOTECH, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY MATERIALS, CONTENT, OR INFORMATION ON THE SITE IN TERMS OF CORRECTNESS, COMPLETENESS, CURRENCY, ACCURACY, ADEQUACY, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
Osteotech, Inc. provides the contents of the Site for informational purposes and for your general interest only. By accessing or using the Site, you hereby agree not to rely on any of the information contained herein.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OSTEOTECH, INC. BE LIABLE FOR YOUR RELIANCE ON ANY SUCH INFORMATION NOR SHALL OSTEOTECH, INC. BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFIT, OR OTHER DAMAGES THAT RESULT FROM THE USE, THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE, THE MATERIALS, INFORMATION, SERVICES, OR PRODUCTS ON THE SITE OR THE MATERIALS, INFORMATION, SERVICES, OR PRODUCTS ON ANY SITES LINKED TO OR FROM THE SITE, EVEN IF OSTEOTECH, INC. OR AN OSTEOTECH, INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS COVER CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OSTEOTECH, INC.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SITE, OR U.S. $100.00, WHICHEVER IS LESS. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES.
Indemnification
You agree to indemnify, defend and hold harmless Osteotech, Inc., its officers, directors, employees, agents, licensors and suppliers from and against any losses, expenses, damages, costs and attorney’s fees resulting from any violation of this Agreement or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Other
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law, and all litigation based on or relating to this website shall be venued in New Jersey. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein.
Contact us
If you have any questions about this Agreement or want to request company or product information, please contact us via postal mail at Osteotech, Inc., 51 James Way, Eatontown, NJ 07724 or via email at corporate@osteotech.com.
Changes to This agreement
Osteotech, Inc. may modify, alter or update this Agreement at any time, so Osteotech, Inc. encourages you to review this Agreement frequently. Osteotech, Inc. will not provide individual notice to you of changes to this Agreement, but when Osteotech, Inc. makes updates to this Agreement, Osteotech, Inc. will update the date in this section. Osteotech, Inc. appreciates your interest and hopes that you enjoy visiting the Site.
This Agreement was last updated on November 17, 2008.