Tornier, Inc. (“Tornier,” “we,” “us,” and “our”), owns the following Web sites (“our Sites”):
This policy went into effect on March 12, 2012.
You may be asked to submit personal information to our Sites. For example, if you use our Sites to list yourself as a qualified surgeon in a particular geographic area, you will be asked to provide your name and contact information. If you submit personal information to Tornier through our Sites, the information you submit must be true, accurate, current, and complete.
Ownership of our Sites. Our Sites, including all of the software and code comprising or used to operate our Sites and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on our Sites (collectively, “Content”) are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Content and intellectual property rights therein are the property of Tornier or of third parties who have licensed their rights to Tornier.
The presence of any Content on our Sites does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through our Sites. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Copyrights. As between you and Tornier, Tornier and its licensors own and reserve the copyrights in our Sites, including all of their Content.
Trademarks. All trade names, trademarks and service marks displayed on our Sites are the registered or unregistered trademarks of Tornier, or its licensors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks displayed on our Sites without the prior express written permission of Tornier or the trademark owner.
Your Feedback We welcome your comments, feedback, suggestions, and other communications regarding our Sites and the information, products, and services we make available through our Sites (collectively, “Feedback”). By submitting Feedback, however, please note that you represent and warrant that any ideas or information you include in your Feedback are not confidential or proprietary in any way and that you have the legal right to disclose the ideas and information. Please also note that the Feedback you provide to us through our Sites will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
You may not use our Sites
Tornier reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Sites (or any part thereof) with or without notice. Tornier shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Sites.
The product information provided on our Sites is for the information and reference of Tornier’s customers in the healthcare field. Patients should consult their doctors for any and all questions about Tornier products, or any orthopedic procedures. We cannot answer e-mail from patients about clinical matters.
The surgical information presented on our Sites is used to demonstrate the surgical technique of a particular practicing surgeon. Tornier, as the manufacturer of products featured on our Sites, does not practice medicine and does not recommend these or any other surgical techniques for use on a particular patient. The surgeon who performs any implant procedure is responsible for determining and utilizing the appropriate techniques for implanting prosthesis in each individual patient. Tornier is not responsible for selection of the appropriate surgical technique to be utilized for an individual patient
TORNIER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO OUR SITES, ANY CONTENT ON OUR SITES, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH OUR SITES. OUR SITES AND ALL OF THEIR CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TORNIER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NONÐINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TORNIER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON OUR SITES. TORNIER DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON OUR SITES BY USERS, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF TORNIER.
Without limiting the foregoing, certain products promoted through our Sites may be covered by a product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any manufacturers’ warranty applicable to the products promoted through our Sites.
UNDER NO CIRCUMSTANCES, SHALL TORNIER, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITES, THEIR CONTENT, ANY SERVICES OR PRODUCTS MADE AVAILABLE THROUGH OUR SITES, OR YOUR USE OF OR INABILITY TO USE OUR SITES, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF OUR SITES OR YOUR DOWNLOADING OF ANY MATERIAL FROM OUR SITES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TORNIER OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TORNIER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
We are proud of our Sites and we strive to ensure that they do not offend people of any age. However, our Sites are not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted personal information on or through our Sites without the consent and supervision of a parent or guardian, please contact us by e-mail at firstname.lastname@example.org so that we can take appropriate action.
Information published in our Sites may refer to products, programs, or services that are not available in your country. Consult your Tornier business contact for the products, programs and services that may be available to you.
If you have any questions or concerns regarding this Policy, please contact us by telephone, e-mail, or postal mail:
7701 France Avenue South
Edina, MN 55435