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Terms of Use


These “Terms of Use” set forth the terms and conditions that apply to your use of etrinsic.com (simbionixusa.com) (the “”Web Site”). By using the Web Site, you agree to comply with all of the Terms of Use set forth herein. The right to use the Web Site and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.

1. Copyrights and Trademarks

A. The materials found on the Web Site are protected by United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the Web Site are copyright © Simbionix USA Corporation. Permission is granted to view and print materials from the Web Site for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of Simbionix USA Corporation (“Simbionix”), is strictly prohibited.

B. etrinsic.com (simbionixusa.com) and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify Simbionix and the goods or services that it provides. Such marks may not be used under any circumstances without the prior written authorization of Simbionix.

C. No person is authorized to use, copy, or distribute any portion the Web Site including related graphics.

2. Links to Third-Party Web Site

The Web Site may provide hyperlinks to third-party web sites as a convenience to users of the Web Site (each, a “Third-Party Site”). Simbionix does not control Third-Party Sites, and is not responsible for the contents or activities of any Third Party Sites or any hyperlinks contained therein. Simbionix does not endorse, recommend, or approve any Third-Party Site, and will have no liability to any person or entity for the content or use of the content available through such hyperlink.

3. Children’s Issues; Eligibility.

The Web Site is not directed to children under eighteen (18) years of age. Children under such age must not use the Web Site or services offered on it, and are not permitted to become members of the Web Site or to otherwise submit any personally identifiable information. By visiting or using the Web Site or accepting these Terms of Use, you represent and warrant to Simbionix that you have reached the age of majority in your jurisdiction, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use. You also represent and warrant to Simbionix that you will use the Web Site in a manner consistent with any and all applicable laws and regulations, including without limitations those related to data privacy and security.

4. Use of the Web Site

The Web Site is primarily designed to allow users the opportunity to access certain products and services offered by Simbionix or its affiliates. As such, users will often be required to submit certain information that will help us to provide them with our services and related information, including their name, address, e-mail address, telephone number, and other information.

Simbionix is not responsible for any information, material, or ideas submitted on the Web Site. More specifically, Simbionix does not represent or guarantee the truthfulness, accuracy, or reliability of any content or any other communications posted by users, nor does it endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk, and that you will also remain solely responsible for any inaccurate or incomplete information that you provide on the Web Site. Any information, materials, or idea submitted on this Web Site will be considered non-confidential and non-proprietary, except to the extent set forth in the Web Site’s Privacy Policy, which you are encouraged to review, and which is incorporated herein by reference.

To the extent you are accessing any portion of the Web Site requiring a login ID or a password, you are responsible for all use of the Web Site made using your login ID and password, whether or not the use is made by you or someone else using that information. You are responsible for protecting and securing your login ID and password from unauthorized use, and you agree to indemnify us against all loss or damage arising from such unauthorized use. If you believe there has been a breach of security of your login ID or password you agree to notify us immediately.

Visitors to this Web Site are prohibited from posting or transmitting any material that: (a) is in violation of any applicable law or regulation; (b) infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others; (c) violates the privacy, publicity, or other personal rights of others, or (d) is defamatory, obscene, threatening, abusive or hateful. You are also not permitted to link the Web Site to any other website or off-site web pages without prior written permission from Simbionix.

Users are also prohibited from violating or attempting to violate the security of the Web Site. More specifically, you are prohibited from doing any of the following: (a) accessing data not intended for you or logging into a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measure; (c) attempting to interfere with Web Site service, including submitting a virus, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liabilities. Simbionix will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Simbionix reserves the right to review and remove any content that, in its sole judgment, violates these Terms of Use, violates applicable laws, rules, or regulations, or that is otherwise abusive, disruptive, offensive, harmful, or illegal. Simbionix reserves the right to expel users and members of the Website and to prevent their further access to the Website or use of our services if they violate our Terms of Use. Further, we reserve the right to take any action that we deem appropriate with respect to user content in order to prevent potential liability, damage to our brand or public image, or damage to our relationship with our vendors or suppliers.

5. No Representations or Warranties; Limitations on Liability

The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained therein. SIMBIONIX MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL SIMBIONIX OR ITS AGENTS OR AFFILIATES BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.

6. Indemnification

You agree to indemnify, defend and hold harmless Simbionix, and its officers, directors, shareholders, employees, and agents, and their respective successors and assigns, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the Web Site or your violation of any of these Terms of Use.

7. Governing Law and Jurisdiction

These Terms of Use constitute a contract made under, and shall be governed by and construed in accordance with, the laws of the State of Ohio. Any dispute related to these Terms of Use or the Website will be submitted to binding arbitration in Cleveland, Ohio, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute you may have with respect to the Website or these Terms of Use must be commenced within one year after it arises.

8. Changes to These Terms of Use

These Terms of Use were last updated on July 9th, 2008. We may update our Terms of Use as our policies and procedures change from time to time. We encourage you to periodically review this page to become aware of any changes.

9. Entire Agreement

These Terms of Use, including the documents referenced by and incorporated into this document, constitute the entire agreement between you and Simbionix, and such Terms of Use govern your use of our Web Site, superseding all prior or contemporaneous agreements, understandings, or representations. You also may be subject to additional terms, conditions, and agreements concerning your use of specific Simbionix products and services (in each case, a “Customer Agreement”). In the event of any conflict or ambiguity between these Terms of Use and your specific Customer Agreement, the terms of your Customer Agreement will prevail.

10. Contact Information

Questions or comments regarding the Web Site or these Terms of Use should be sent by e-mail to info@simbionixusa.com or by U.S. mail to Simbionix USA Corporation, 7100 Euclid Avenue, Suite 180, Cleveland, Ohio 44103. You can also call us at (216) 229-2040, or you can submit a comment through the No page exists, please make sure that you are using correct slug path. portion of our Web Site.

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