These Terms Of Use ("Terms") describe rules for visitors to and users of this site. "We," "our," “us” and "Archus" mean Archus Orthopedics, Inc. and any of its affiliated companies. "You" means you, the visitor to and user of this site. Access and use of this site is at your own risk and is subject to the terms and conditions set forth herein and all applicable laws, statutes, and/or regulations. Archus may revise these Terms from time to time by updating this posting. Please review these Terms each time you visit the site. By using this site, it means you accept these Terms.

 

Archus maintains this site to provide general educational information about Archus and its products. These pages are not intended to provide medical advice and they do not provide instruction on the appropriate use of products produced or supplied by Archus, its affiliates, related companies, or its licensors or joint venture partners.

 

Information you read on this site cannot replace the relationship you have with your health care professional. Archus does not practice medicine or provide medical services or advice. You should always talk to your health care professional for diagnosis and treatment. Moreover, health information changes quickly. Therefore, it is always best to confirm information with your health care professional.

 

This site contains information about products and therapies authorized in the United States, and is intended for a United States audience. If you live outside the U.S., you may see information on this site about products or therapies that are not available or authorized in your country. In addition, U.S. law restricts the sale and use of the devices described in this site to sale and use by or on the order of a physician.

 

For complete information regarding precautions and methods of use, please read device-related instructions for use. Archus makes no warranties or representations as to the accuracy of information presented on this site. Information on this site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Archus shall not be held responsible for any action taken that is based on the information presented on the site, and you agree that all access and use of the site, and any and all content presented on the site, is at your own risk.

 

You are hereby granted a non-exclusive, limited, and revocable license to link to this site. Archus reserves the right to revoke this license generally, or your right to use specific links, at any time. If Archus revokes this license, you agree to remove and disable any and all of your links to this site immediately.

You agree not to present the link to this site in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you frame this site or any of its content or copy portions of it to a server. You agree not to display or use the Archus logo or any Archus trademark in any manner without our prior written permission.

 

This site may contain links to sites not operated by Archus. We provide these links for your convenience, but we do not review, control, or monitor the content of or materials contained on them. We are not responsible for those materials or the performance of those sites or for your business dealings with them. Your use of other sites is subject to the terms of use of those sites, including the privacy policies of those sites.

 

It is Archus' policy to protect its intellectual property rights. All product names, regardless of whether they appear in large print or with the trademark symbol or federal registration mark, should be understood to be trademarks of Archus unless otherwise noted. The entire content of the Archus site, including any images or text, is copyrighted.

 

If you use the materials or trademarks on this site in a way that is not allowed by these Terms, you are violating your agreement with us and may be violating copyright, trademark, and other laws and regulations. In that case, we automatically revoke your permission to use this site. Title to the materials remains with us or with the authors of the materials contained on this site. All rights not expressly granted are reserved.

 

Archus®, Archus Orthopedics®, TFAS® and Total Facet Arthroplasty System® are federally registered trademarks of Archus, and various other marks utilized on this site bearing the “TM” designation are trademarks of Archus. This list is not meant to be exhaustive, and Archus waives no rights by omitting any trademark from this listing.

 

Please note that other company, product, and service names appearing on this site may be trademarks or service marks of others.

 

Any information that you submit through this site will be considered non-personal, non-confidential, and non-proprietary. If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this site, you thereby grant us an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that we are free to use them for any purpose.

 

ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," AND/OR "AS AVAILABLE" BASIS. ARCHUS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. ARCHUS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE.

ARCHUS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

 

Note that some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

 

YOU AGREE THAT NEITHER ARCHUS NOR ANY PERSON OR COMPANY ASSOCIATED WITH ARCHUS SHALL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE MATERIALS ON THIS SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ARCHUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF ARCHUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES, SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $10.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL ARCHUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITE OR MATERIALS ARE EXCLUDED EVEN IF ARCHUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Your obligations under this section and the sections called "Your Information and Ideas,“ "No Warranties" and "Limitation of Liability" will survive termination of any other of these Terms.

 

If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

If you violate these Terms in a way that causes harm to others, you agree to hold Archus harmless against any liability for that harm.

By using this site, you agree that the only proper jurisdiction and venue for any dispute with Archus or in any way relating to your use of this site, is in the state and federal courts in the State of Washington, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Archus or its affiliates, employees, officers, directors, agents, or suppliers.

 

These Terms are governed by the laws of the State of Washington, without respect to its conflict of laws principles, and the federal laws of the United States.