Terms of Use

***These Terms of Use Were Modified on March 12, 2012***

Tornier, Inc. (“Tornier,” “we,” “us,” and “our”), owns the following Web sites (“our Sites”):

  • Tornier.com
  • myTornier.com
  • TornierOR.com
  • TornierDX.com
  • LiftMyArm.com
  • TornierUniversity.com
  • betterfusions.com
  • withouttheflap.com
  • tornierdistalradius.com
  • preservingmotion.com
  • tornierankle.com

This Privacy Policy (this “Policy”) explains how Tornier protects your privacy when you use our Sites.

Effective Date:

This policy went into effect on March 12, 2012.

Your Consent

Please take a few minutes to review these Terms of Use before using our Sites. By using our Sites you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use our Sites.

Our Privacy Policy

Our Privacy Policy describes the personal information we collect when you and others use our Sites, for example, by locating a distributor near you or by listing yourself as a qualified surgeon. It also describes how we use the personal information you share with us and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. Please review our Privacy Policy before using our Sites.

These Terms of Use May Change

We are continually improving and adding to the features and functionality of our Sites and the services we offer through our Sites. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of our Sites. Your continued use of our Sites after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

You may access the current version of these Terms of Use at any time by clicking the link marked “Terms of Use” at the bottom of each page of our Sites.

Other Agreements

If you are a Tornier distributor, you must comply with these Terms of Use and all other applicable policies when you use our Sites. For example, you must comply with your distributor agreement. In the event of a conflict between these Terms of Use and our other policies, the conflicting terms of the distributor agreement will govern your use of our Sites.

In addition, when you sign up to use specific functionality or a special feature of our Sites, you may be asked to agree to special terms governing your use of that functionality or special feature. In such cases, you will be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement shall supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement.

Your Obligation to Provide Truthful Information

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 and their Content

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.

Copyright License. We hereby grant you a limited license to access and use our Sites and to download and print copies of any Content to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. The foregoing license is subject to our Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, except as expressly set forth in our Terms of Use, unless you first obtain our written permission.

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.

Other Restrictions on Your Use of our Sites

You may not use our Sites

  • to access (or attempt to access) areas or features of our Sites for which you do not have the proper authorization;
  • to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
  • in a manner that violates any national, state, local or international law, rule or regulation;
  • to compete with Tornier, including to advertise, promote, or sell products or services that compete with products and services offered by Tornier;
  • to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
  • in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support our Sites;
  • to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or
  • in a manner that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying our Site.

Removal of Content

If you would like us to remove any Content from our Sites for any reason, please notify us by e-mail at info@tornier.com. While we do not have any obligation to remove Content merely because of a removal request, Tornier will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with our Terms of Use (including our Privacy Policy) and applicable law.

Right to Modify or Discontinue 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.

Links to Other Sites

Our Sites may provide links to other Web sites operated by third parties. Because we have no control over third-party Web sites, we are not responsible for the availability of those Web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Web sites. Tornier shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Web sites. These Terms of Use do not apply to your use of third-party Web sites; your use of such Web sites is subject to the terms and policies of the owner of such Web sites.

Health Information on 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

Disclaimer of Warranties

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.

Nothing in these Terms of Use will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.

Limitations of Liability

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.

NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Children Under the Age of Thirteen

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 info@tornier.com so that we can take appropriate action.

Choice of Law, Jurisdiction and Venue

These Terms of Use and the relationship between you and Tornier shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of Minnesota, U.S.A., excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, OUR SITES OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN HENNEPIN COUNTY, MINNESOTA, U.S.A. YOU AND TORNIER IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General

As used in these Terms of Use, the term “including” means “including, but not limited to.” Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

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.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, and the court shall substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use shall remain in full force and effect.

These Terms of Use set forth the entire understanding and agreement between us and supercede all prior understandings and agreements between you and TORNIER with respect to the subject matter hereof.

These Terms of Use may be amended only as set forth above in these Terms of Use.

Contact Us

If you have any questions or concerns regarding this Policy, please contact us by telephone, e-mail, or postal mail:

Tornier
7701 France Avenue South
Suite 600
Edina, MN 55435
Ph: 952-426-7600
Email: info@tornier.com

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