WHAT INFORMATION IS COLLECTED ABOUT YOU? HOW DO WE USE IT?
We take the utmost care to ensure that the personal information we obtain from you is not used in a way that you may be unaware of or not agreeable to. You may wish to submit an information request about one of our services or contact us with a question. In response, we may ask for information such as your name and postal address. In the event you opt to provide us with this information, we will only use it for the purpose specified by you at the bottom of the information gathering form. We do not sell, rent or share any of your personal information with any other party including any third-party joint promoters, nor use it for unapproved commercial use. You may request to be removed from our lists at any time.
PERMISSION FOR USE
WITHDRAWING CONSENT TO USE
USE OF AGGREGATED DATA
BOSM is interested in improving the Site and may develop and offer new features and services. We monitor aggregated data regarding use of the Site for marketing purposes and to study, improve and promote use of the Site. In connection with such purposes, BOSM may share aggregated data with third parties collectively and in an anonymous way. Disclosure of aggregated data does not reveal personal information about individual Site users in any way that identifies who they are or how to contact them.
BOSM has two exceptions to these limits on use of personal information:
1. BOSM may monitor and, when we believe in good faith that disclosure is required, disclose information to protect the security, property, assets and/or rights of BOSM from unauthorized use, or misuse, of the Site or anything found at the Site.
2. BOSM may disclose information when required by law; however, only to the extent necessary and in a manner that seeks to maintain the privacy of the individual.
To enable features at the Site, BOSM may assign one or more “cookies” to your Internet browser. Cookies, among other things, speed navigation through our Site, keep track of information so that you do not have to re-enter it each time you visit our Site, and may provide you with customized content. A cookie is an Internet mechanism composed of a small text file containing a unique identification number that permits a web server to send small pieces of information or text by means of your browser and place them on your computer’s hard drive for storage. This text lets the web server know if you have previously visited the web page. Cookies by themselves cannot be used to find out the identity of any user.
CHILDREN’S PRIVACY & PARENTAL CONSENT
LINKS PROVIDED TO OTHER SITES
BOSM may provide links to a number of other web sites that we believe might offer you useful information and services. However, those sites may not follow the same privacy policies as BOSM. Therefore, we are not responsible for the privacy policies or the actions of any third parties, including without limitation, any web site owners whose sites may be reached through this Site, nor can we control the activities of those web sites. We urge you to contact the relevant parties controlling these sites or accessing their on-line policies for the relevant information about their data collection practices before submitting any personal information or other sensitive data.
WHAT INFORMATION IS SECURE? WHAT ISN’T?
E-mail communication to and from our site is not secure unless clearly noted otherwise. This is a risk inherent in the use of e-mail. Please be aware of this when requesting information or sending forms to us by e-mail.
POLICY MODIFICATIONS & CONTACTING US
This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Bellapianta Orthopaedics & Sports Medicine, LLC, (“BOS”) and/or its affiliates its various third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this site (collectively, the “Trademarks”) are registered and common law Trademarks of BOSM, its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of BOSM, or such other party that may own the Trademarks.
USE OF SITE
BOSM grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site for legitimate business information and not use this site for any other purposes. This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of BOSM, and/or is affiliates, its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any “robot,” “spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of BOSM. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on the infrastructure that BOSM deems in its sole discretion to be unreasonable or disproportionate to the benefits BOSM obtains from your use of the site. You will not use this site for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening. You will not use this site to solicit or in any way communicate with BOSM customers or others for any purpose.
Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
BOSM reserves the right to modify this Site at any time and, in its sole discretion, may make modifications to the Site, including without limitation, with respect to the information, advertising, links, product, services and features found at the Site or acquired through it (of BOSM and/or third-party providers).
AGE AND RESPONSIBILITY
If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use resulted from the loss, theft or other unauthorized use of your password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
MINORS AND THE CHILD ON-LINE PRIVACY AND PROTECTION ACT
Despite this agreement as construed pursuant to 47 U.S.C. Section 230(d) as amended, BOSM hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
REVIEW OF TRANSMISSIONS
BOSM may, but shall have no obligation to, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that BOSM deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant BOSM and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. BOSM takes no responsibility and assumes no liability for any content posted or submitted by you. Furthermore, when you use, you acknowledge that your transaction may not be reviewed by any person before being executed, and you also will not have the opportunity to ask questions or otherwise interact with a representative. By using this site you voluntarily agree to assume any added risk that may result from the lack of human review of your transaction.
EXCLUSION OF WARRANTY
BOSM, ITS AFFILIATES AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. BOSM, ITS AFFILIATES AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER BOSM, ITS AFFILIATES, NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM BOSM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
BOSM ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL BOSM, ITS PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY BOSM, ITS AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. Without in any way limiting the generality of the foregoing, BOSM, its affiliates or third party providers and distributors will not be liable for any loss that results from a cause over which that entity does not have direct control. Such causes include, but are not limited to, (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. BOSM, its affiliates or third party providers and distributors also are not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of this site. If, notwithstanding the foregoing, BOSM, its affiliates, or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of BOSM, its affiliates, and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site, or (b) US$10.00. In its sole discretion, in addition to any other rights or remedies available to BOSM and without any liability whatsoever, BOSM at any time and without notice may terminate or restrict your access to any component of this site.
You shall defend and indemnify BOSM, it affiliates and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site, or arising from your violation of this User Agreement, state, federal or local laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this User Agreement.
This site may contain links to other Web sites which are provided solely as a convenience to you and not as an endorsement by BOSM, its affiliates, its third party providers or distributors of the contents of such other Web sites. None of BOSM or any third party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.
RELATIONSHIP OF THE PARTIES
The relationship between BOSM and you will be that of independent contractors, and neither party nor any of its respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
This website is domiciled in the United States of America. This User Agreement and its performance shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles, CA, in all questions and controversies arising out of your use of this site and this User Agreement.
If BOSM or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to BOSM as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that BOSM shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by BOSM in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
BOSM may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time, with or without notice or limitation, for any reason, including, without limitation any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which BOSM, its affiliates and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to BOSM, its affiliates, and its third party providers or distributors, as applicable. You acknowledge that you have not paid any consideration for the use of this site, other that your agreement to abide by the terms of this User Agreement, and that you are not entitled to any refund or other remedy in the event your use of this site is terminated.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
AMENDMENT OR MODIFICATION
BOSM may at any time amend or modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use. Your continued use of this site shall constituted irrefutable evidence of your agreement to the terms and conditions in force at the time of your use.
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the use of this site, and supersedes any prior understandings or agreements (whether oral or written) regarding the use of this site, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
RELATIONSHIP WITH OTHER AGREEMENTS
Neither this User Agreement nor anything contained in this site shall alter any other contractual relationship between you and BOSM, its affiliates or any third-party providers or distributors. Specifically, and without limitation, this User Agreement shall not in any way modify or amend the terms, conditions, rights or privileges provided for in any other agreement relating to your use of BOSM services that are the subject of this site.