Terms of Use

Acceptance of Terms / Updates

Surgalign Spine Technologies, Inc. operates this website on behalf of itself, its parent, and its affiliates and may operate other websites and additional online services for your personal information and education. The terms and conditions set forth in this Legal Notice, together with our Privacy Policy comprise a legal agreement between you and Surgalign and govern your access to and use of the Services, including any Content appearing on or provided through the Services. Please read these Terms carefully.

DO NOT USE THIS SITE OR ANY SERVICES IF YOU DO NOT ACCEPT THESE TERMS. BY ACCESSING AND/OR USING THE SITE OR ANY SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND PRIVACY POLICY WITHOUT LIMITATION OR QUALIFICATION.

PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. TO THE FULLEST LEGALLY PERMISSIBLE EXTENT, THESE TERMS AFFECT THE RIGHTS YOU HAVE IN ANY DISPUTE WITH US AND OUR AFFILIATES AND HOW ANY SUCH DISPUTE MAY BE RESOLVED.

Surgalign may update these Terms of Use from time to time, and all updates are effective immediately, applying to all use of Surgalign’s websites thereafter.

Collection of Your Information

All information that Surgalign collects from your access and use of Surgalign’s websites is subject to Surgalign’s Privacy Policy, which may be found at http://surgaligncom.wpengine.com/privacy-policy. By accessing any of Surgalign’s websites, you consent to all actions taken by Surgalign, in accordance this Privacy Policy.

Diagnosis / Treatment of Medical Conditions

We do not provide medical or similar professional services or advice. The information provided in our website is not a substitute for the professional judgment of a qualified health care professional. You should consult a physician or other health care professional for advice regarding any medical condition or treatment thereof. The Services and any information or Content provided in connection therewith are for informational and educational purposes only.

Surgical Implantation

The surgical implantation diagrams presented on Surgalign’s websites are intended for general demonstration purposes only and are not intended to be an endorsement of any particular surgeon’s practice or technique. Surgalign does not practice medicine and does not recommend or endorse any surgical technique. Always consult your physician to determine what treatment may be appropriate for you.

Geographic Restrictions

Surgalign’s websites are operated and controlled from within the United States [“U.S.”] and contain general information about products cleared for use within the U.S. Although accessible from other countries, the products listed on our websites may or may not be available outside the U.S. Additionally, if available outside the U.S., the products may be distributed under different trademarks than products distributed within the U.S., or may have been cleared for use by a governmental regulatory body for different indications for use or with different restrictions. Notwithstanding the foregoing, this Site does link to other websites owned and operated by Surgalign’s affiliates and operating divisions which may be located outside of the U.S.

If you have a question about availability of a product outside the U.S., please consult your physician.

Additionally, if you access our websites from outside the U.S., you do so on your own initiative and are responsible for compliance with applicable local laws.

Authorized Use

Surgalign’s websites are for your personal, non-commercial access and use only. You may use Surgalign’s websites solely in accordance with applicable local, state, federal and international laws and regulations.

Prohibited Uses

You may not access or use, or attempt to access or use, the Services or Content to take any action that could harm Surgalign or any third party or interfere with the operation of the Services or Content, nor may you use the Services or Content in a manner that violates any applicable laws, rules, or regulations. Without limiting the foregoing, you agree not to:

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
Use any device, software, or routine to interfere or attempt to interfere with the proper functioning of any Service or any activity conducted on any Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of any Services;
Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services or Content;
Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
Upload or otherwise transmit any communication, software, or material that contains a virus, adware, malware, spyware, or ransom-ware, or is otherwise harmful to our users’ computers or systems; or
Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services or the Content, or that, in our sole and absolute judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or harm of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability to you. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms.

Intellectual Property

All information, materials, text, images, audio, video, computer code, software, and other content appearing on the Services is the property of Surgalign and/or applicable third parties. No title or ownership rights are transferred to you under these Terms, or through your access to and/or use of the Services or Content, and nothing herein or therein shall be construed as a license to you under any Surgalign patent, trademark, copyright, trade secret, or other intellectual property right.

You may not reproduce, create derivative works from, republish, or distribute any of the material on Surgalign’s websites, except as follows:

Your computer may temporarily store copies of the website materials incidental to your accessing and viewing the website materials;
You may store files that are automatically cached by your web browser; and
You may print one copy of a reasonable number of pages of the website for your own personal, non-commercial use only and not for further reproduction, publication or distribution.
Delete or alter any copyright, trademark or other proprietary rights notice from copies of any materials from Surgalign’s websites.

Links from our websites

If Surgalign’s websites contain links to third-party websites, these links are provided for your convenience only. Surgalign has no control over the contents of any third-party website and accepts no responsibility for them, or for any loss or damage that may arise from your use of them. The existence of such links to other websites does not constitute an endorsement by Surgalign of those other websites, the content displayed therein, the programs, products, or services described thereon, or the persons or entities associated therewith. If you decide to access any third-party website linked from Surgalign’s websites, you do so entirely at your own risk and subject to the terms of use for such websites.

Forward-Looking Statements

Surgalign’s websites may contain forward-looking statements that express plans and goals for future development. These forward-looking statements are not historical statements of fact regarding Surgalign’s financial and operating performance, business plans, or products. These forward-looking statements are based on Surgalign’s current expectations about future events and are therefore subject to substantial risks and uncertainties. Risks and uncertainties may cause actual results to materially differ from the expectations and projections set forth in such forward-looking statements. Surgalign undertakes no obligation to revise forward-looking statements as a result of new information, future developments, or otherwise.

Investor Information

You should not rely on the stock price information on Surgalign’s websites. Although Surgalign believes the information is accurate, you should not rely on the stock price information on Surgalign’s websites for investment purposes. Surgalign does not generate the information regarding its stock price; therefore, Surgalign cannot guarantee its accuracy, completeness, or reliability. Surgalign is not liable for any loss or damage that may arise from reliance on the stock price information located on Surgalign’s websites.

Surgalign’s websites do not provide investing advice. Investment information on Surgalign’s websites, including Surgalign’s SEC filings and stock price information, is for informational purposes only and does not constitute investment advice or an offer to buy or sell securities. Additional information regarding Surgalign can be found in Surgalign’s latest annual report and Surgalign’s Forms 8-K, 10-K and 10-Q filed with the SEC, as well as Surgalign’s recent proxy statements for shareholder meetings. If you are interested in investing in Surgalign, we strongly urge you to educate yourself as an investor.

Disclaimer of Warranties

YOUR USE OF SURGALIGN’S WEBSITES IS AT YOUR OWN RISK. SURGALIGN’S WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SURGALIGN MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, ACCURACY OR AVAILABILITY OF SURGALIGN’S WEBSITES.

Limitation of Liability

IN NO EVENT WILL SURGALIGN, INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE FOR DAMAGES OF ANY KIND, ARISING OUT OF YOUR USE OF SURGALIGN’S WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, LOSS OF PROFITS, OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE OR ANY OTHER LOSSES, OR IN CONNECTION WITH ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES OR CONTENT, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR OTHER LOSS RESULTING FROM YOUR USE OR RELIANCE ON THE SITE, THE SERVICES, AND/OR THE CONTENT. YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE SURGALIGN AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, LIABILITIES, OR OTHER OBLIGATIONS RESULTING FROM OR IN CONNECTION WITH YOUR USE OF AND/OR RELIANCE ON THE SITE, THE SERVICES, OR THE CONTENT.

Indemnification

You agree to defend, indemnify and hold harmless Surgalign, including its directors, officers, employees and agents from and against any claims, liabilities, damages, judgments, awards, losses, and costs (including reasonable attorneys’ fees) to the extent resulting from any demand, claim, suit or cause of action brought by a third party and arising out of your use of Surgalign’s websites, or your use of any information obtained from Surgalign’s websites.

Governing Law and Venue

These Terms and your access to and use of the Services and Content are governed by the laws of the State of Delaware, without regard to its conflict of laws provisions, and by the laws of the United States. By accessing and/or using the Services or Content, you waive any claims that may arise under the laws of any other jurisdiction.

WITHOUT WAIVER OF ANY OF THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS, DISPUTES RELATING TO OUR WEBSITE, INCLUDING ANY ALLEGATIONS OF DAMAGES SHALL BE ARBITRATED PURSUANT TO COMMERCIAL ARBITRATION PROCEDURES FOUND AT HTTP:WWW.ARD.ORG EXCEPT AS OTHERWISE STATED IN THIS DISPUTE RESOLUTION SECTION.

THE ARBITRATION OF DISPUTES PURSUANT TO THESE TERMS SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SERVICES, THESE TERMS, AND/OR THE PRIVACY POLICY WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED DAMAGES OF ANY KIND, ARISING OUT OF YOUR USE OF SURGALIGN’S WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, LOSS OF PROFITS, OR PUNITIVE DAMAGES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE OR ANY OTHER LOSSES, OR IN CONNECTION WITH ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES OR CONTENT, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN A COURT OF COMPETENT JURISDICTION. YOU AGREE THAT SURGALIGN MAY SEEK ANY EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION IN THE STATE OF DELAWAR ENECESSARY TO PROTECT ITS RIGHTS OR PROPERTY PENDING THE COMPLETION OF ARBITRATION.

EXCEPT TO THE EXTENT SUCH TIME LIMITATION IS PROHIBITED BY LAW, YOU MUST FILE ANY CLAIM OR INITIATE ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR CONTENT, THESE TERMS, OR THE PRIVACY POLICY WITHIN ONE YEAR OF THE DATE UPON WHICH SUCH CLAIM OR DISPUTE COULD BE FILED OR INITIATED, OR IT SHALL BE PERMANENTLY BARRED.

Entire Agreement

These Terms of Use, including Surgalign’s Privacy Policy, constitute the entire agreement between you and Surgalign with respect to Surgalign’s websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Surgalign’s websites.

Your Comments and Concerns

This website is operated by Surgalign Spine Technologies, Inc.; 520 Lake Cook Road, Suite 315; Deerfield, IL 60015; United States of America.

If you have any questions, comments or concerns about these Terms of Use, please contact us at http://surgaligncom.wpengine.com/contact-us.