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ZIMMER BIOMET TERMS AND CONDITIONS OF USE
Last Updated: January 2017
If you have any question regarding the use of the Site, please refer first to the FAQ posted on the Site. For all other questions or comments about the Site or its contents, please email
Access to the Site
Your Registration Data will be used in connection with this Site. From time to time, Zimmer Biomet may use such information to contact you regarding topics of potential interest to you. If at any time you do not wish for your Registration Data to be so used, please send a mail to
. During your registration process, you will also be given the opportunity to opt in to receiving email notifications/updates from the Zimmer Biomet Surgeon Network if you so choose.
Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, but not limited to, Zimmer Biomet logos and all designs, text, graphics, logos, icons, images, photographs, audio clips, videos, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the Materials) are Zimmer Biomet property and are protected by United States, EU and/or other international copyright laws.
When you visit the Site or send emails to Zimmer Biomet, you communicate with Zimmer Biomet electronically and consent to receive communications from Zimmer Biomet electronically. We may communicate with you by: (a) email to your email address indicated in your communications with Zimmer Biomet, (b) posting general notices on the Site, or (c) posting messages that are displayed to you when you log in to or access the Site. You agree that all agreements, notices, disclosures and other communications that Zimmer Biomet provides to you electronically satisfy any legal requirement that such communications be in writing.
User Content and Interactive Services or Areas
The Site includes (or may include in future) content hosting and storage services, discussion forums, user generated content or other interactive areas or services (collectively, Interactive Areas), including, but not limited to, galleries, forums, chat rooms, blogs, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site (collectively, User Content). You are solely responsible for your use of and access to the Interactive Areas and you will use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including, but not limited to, any User Content containing nudity that would be unacceptable in a public museum where minors visit;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of Zimmer Biomet or others, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of Zimmer Biomet or others. By posting any User Content, you represent and warrant that you have the lawful right to use, display, distribute, and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations;
f. Private information of Zimmer Biomet or others, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers or other personal data;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in Zimmer Biomet’s sole judgment, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Zimmer Biomet or its users to any harm or liability of any nature or type.
If you post User Content to the Site, unless we indicate otherwise, you grant Zimmer Biomet a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site. You grant Zimmer Biomet and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
By posting any content on the Site, you grant Zimmer Biomet a perpetual, non-exclusive, royalty-free right to use, publish, distribute, reproduce, perform, adapt and display such content on the Site, including, but not limited to, the right to use the name that is submitted in connection with such content. You further understand and agree that, in order to help ensure smooth operation of the Site, Zimmer Biomet may keep backup copies of such content indefinitely. Notwithstanding the foregoing, you acknowledge and agree that any materials, including, but not limited to, questions, comments, suggestions, feedback, ideas, plans, creative materials or other information or work of authorship, provided by you (Contributions) in the form of email or other submissions to Zimmer Biomet or otherwise posted on the Site will become Zimmer Biomet’s sole property. Zimmer Biomet will own worldwide and exclusive rights, including, but not limited to, all intellectual property rights embodied therein, and will be entitled to the unrestricted use and dissemination of such Contributions for any purpose, commercial or otherwise, without acknowledgment or compensation or reimbursement of any kind to you. By making such Contributions, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Zimmer Biomet is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Zimmer Biomet will be entitled to use or disclose (or choose not to use or disclose) any Contributions for any purpose, in any way, in any media worldwide; (d) Zimmer Biomet may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become Zimmer Biomet’s property without Zimmer Biomet’s having any obligation to you; and (f) Zimmer Biomet may, but are not obligated to, review or monitor areas on the Site where users may transmit or post communications.
DISCLAIMER OF WARRANTIES
THE SITE, THE MATERIALS, THE VIDEOS, AND THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND - WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE. ZIMMER BIOMET EXPRESSLY DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
ZIMMER BIOMET DOES NOT REPRESENT OR WARRANT THAT THE MATERIALS, THE VIDEOS, OR THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF DEFECT, STABLE OR ERRORFREE OR THAT THE SITE, ITS WEB SERVERS OR ANY EMAIL SENT BY ZIMMER BIOMET OR FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZIMMER BIOMET IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. ZIMMER BIOMET ALSO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS - WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USE - REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE, THE MATERIALS, THE VIDEOS OR THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE SITE.
LIMITATION OF LIABILITY
Disclaimer of Tort Liability
The foregoing warranties and remedies are EXCLUSIVE and you waive and release all other warranties, obligations, and liabilities of Zimmer Biomet and all other remedies, claims, and rights that you may have relating in any way to the Site, the Materials, the Videos and the Content, whether arising from contract, warranty, strict liability or tort or from Zimmer Biomet’s negligence, tort or other fault, including, but not limited to, claims for loss of or damage resulting from the use or access to any Videos.
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