NuVasive®, Inc.
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Terms & Conditions

NUVASIVE®, INC. (“NUVASIVE”, “WE” OR “US”) Internet web site Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB.  THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND NUVASIVE AND GOVERN YOUR ACCESS TO, AND USE OF, THE NUVASIVE OWNED WEBSITE LOCATED AT WWW.NUVASIVE.COM TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SITE”).  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. NUVASIVE MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. NUVASIVE CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND NUVASIVE MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES.  IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USING THIS SITE.  IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. 

YOU MUST BE AGE 18 AND OVER TO USE THIS SITE.  YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE.

General Use Restrictions.

NUVASIVE provides content and services through this Site.  Certain information, documents and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) are provided to you by NUVASIVE and are the copyrighted and/or trademarked work of NUVASIVE or NUVASIVE’s contributors.

NUVASIVE grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services of this Site solely for your personal use.  Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.  This limited license terminates automatically, without notice to you, if you breach any of these Terms or if we terminate your use of the Site for any reason.  Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials.  Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.

Privacy Policy.

Your use of this Site is governed by the NUVASIVE Privacy Policy, which is available at http://www.nuvasive.com/ (the “Privacy Policy”).

Third Party Content.

Certain information and other content may be provided by third party licensors and suppliers to NUVASIVE (“Third Party Content”).  The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor.  You agree to only display the Third Party Content on your personal computer solely for your personal use.  You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.  NUVASIVE DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites.

This Site may be linked to other sites that are not NUVASIVE sites. NUVASIVE is providing these links to you only as a convenience, and NUVASIVE is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.

Unauthorized Activities.

Unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations.  You agree to indemnify and hold NUVASIVE and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) NUVASIVE or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

NUVASIVE reserves the right to immediately terminate your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause.  Upon such termination, your right to use the Site shall immediately cease, and you shall destroy all information and content obtained from the Site and all copies thereof.

Proprietary Rights.

All trademarks on this site marked with a ® are registered trademarks of NuVasive, Inc.  All trademarks marked with a ™ are common law trademarks of NuVasive, Inc. in the United States. All third party trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole properties of NUVASIVE, INC., Copyright © 2011 NUVASIVE.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Testimonials.

You acknowledge that you are responsible for the testimonials that you submit to the Site (each a “Testimonial”), and that you, and not NUVASIVE, have full responsibility for each such Testimonial you make, including its legality, reliability, and appropriateness and you agree that your Testimonial is accurate.  You agree that any Testimonial provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis.  You agree that NUVASIVE is free to use a Testimonial for any purpose and you grant NUVASIVE a perpetual, sublicensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Testimonial.  You acknowledge and agree that NUVASIVE may refuse to use, modify, delete or remove any Testimonials; with or without cause and with or without notice, for any reason or no reason, or for any action that NUVASIVE determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services.

Disclaimer of Warranties.

Your use of this Site and/or the services is at your own risk.  Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by NUVASIVE, and they may include inaccuracies or typographical or other errors.  NUVASIVE does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site.  NUVASIVE has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by NUVASIVE or our licensors.  It is your responsibility to independently investigate the accuracy and completeness, of the Materials and/or Third Party Content on this Site.

NUVASIVE, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE OR THE SERVICES OFFERED ON THIS SITE, ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

THE INFORMATION AVAILABLE THROUGH THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR A DIAGNOSIS, OR TREATMENT.  ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE!

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.

NUVASIVE DOES NOT RECOMMEND OR ENDORSE ANY SURGEONS, PHYSICIANS, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED OR FOUND ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY THE SITE, IS SOLELY AT YOUR OWN RISK.

NUVASIVE DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.

Limitation of Liability.

NUVASIVE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, SUPPLIERS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, DOWNLOADING OR USING ANY MATERIALS, THIRD PARTY CONTENT TO OR FROM THIS SITE.  IN NO EVENT SHALL NUVASIVE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF NUVASIVE KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

CERTAIN STATES DO NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, AND SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Local Laws; Export Control.

NUVASIVE controls and operates this Site from its headquarters in the United States of America and the Materials, and/or Third Party Content may not be appropriate or available for use in other locations.  If you use this Site outside the United States of America, you are responsible for following applicable local laws.

Forward-Looking Statement.

Statements in any news release of NUVASIVE, contained on the Site or communicated orally or in writing that concern us or our management and that are not historical facts are “Forward-Looking Statements.”  Forward-Looking Statements include, without limitation, statements that (a) include the words “believes,” “expects,” “anticipates,” “estimates” or words of similar importance or meaning with reference to us or our management; (b) are specifically identified as forward-looking; (c) describe any of our plans, objectives or goals for future operations and products; or (d) concern the characteristics and growth of our markets or customers or our expected liquidity and capital resources.  Forward-Looking Statements are only predictions involving important factors and risks that may cause actual results to differ materially from those discussed in any Forward-Looking Statement.  Those important factors and risks include, without limitation, economic, competitive, governmental and technological factors affecting our operations, markets, products, services and prices.  Important factors and risks are described in the current NUVASIVE annual report filed with the SEC, and may be detailed from time to time in additional reports and other filings of NUVASIVE filed with the SEC.  Copies of the most recent reports and other filings of NUVASIVE can be accessed through the SEC EDGAR system located at www.sec.gov or may be obtained at no charge from NUVASIVE.  NUVASIVE expressly disclaims any obligation or responsibility to update or revise or supplement any Forward-Looking Statement in any news release or generally to any extent.

General.

If you violate these Terms, NUVASIVE may terminate and/or suspend your access to this Site without notice.  NUVASIVE prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action.  However, certain violations of these Terms, as determined by NUVASIVE, may result in immediate termination of your access to this Site.  NUVASIVE has the right to terminate any password-restricted account for any reason.  California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Any disputes relating to these Terms or this Site will be heard in the courts located in California.  If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  NUVASIVE’s failure to enforce any of these Terms is not a waiver of such term.  These Terms are the entire agreement between you and NUVASIVE and supersede all prior or contemporaneous negotiations, discussions or agreements between you and NUVASIVE about this Site.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.