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Smith & NephewTerms of Use
Welcome to the FORTE Web Site. This Web Site and other FORTE Web Sites (collectively, the "FORTE Web Site" or the "Web Site") provide general information about FORTE and its products and services free of charge to users in the United States.
All users of the FORTE Web Site are subject to the following terms and conditions of use (these "Terms of Use").
Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the FORTE Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site.
FORTE may modify or supplement these Terms of Use at any time without notice by posting the amended terms to this Web Site. Your continued use of the FORTE Web Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.
You agree to use the FORTE Web Site only for lawful
purposes:
Specifically you agree not to do any of the following: (1)
communicate to FORTE or upload to or transmit on the FORTE Web Site
any defamatory, indecent, obscene, harassing, violent or otherwise
objectionable material, or any material that is, or may be,
protected by copyright, without permission from the copyright
owner; (2) use the FORTE Web Site to violate the legal rights
(including the rights of publicity and privacy) of others or to
violate the laws of any jurisdiction; (3) intercept or attempt to
intercept electronic mail not intended for you; (4) misrepresent an
affiliation with any person or organization; (5) restrict or
inhibit use of the FORTE Web Site by others; (6) engage in any
other conduct that restricts or inhibits anyone's use or enjoyment
of the FORTE Web Site, or which, as determined by FORTE, may harm
FORTE or users of the FORTE Web Site or expose them to
liability.
FORTE reserves the right to modify, reject or eliminate any information residing on or transmitted to the FORTE Web Site. Your failure to comply with the provisions of above may result in the termination of your access to the FORTE Web Site and may expose you to civil and/or criminal liability.
Copyright Restrictions/Use of Content
The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to FORTE or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the FORTE Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer or supplier of FORTE. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of FORTE, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the FORTE Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with FORTE or the applicable owner of such content. Except as expressly authorized by FORTE in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site.
The names, logo, product and service names, design marks and slogans of FORTE are the trademarks, service marks or registered trademarks of FORTE. All other products or service marks contained herein are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The FORTE name and logo may not be used in any commercial manner without the prior written consent of FORTE.
Liability of FORTE and Its Licensors
You assume all responsibility and risk for the use of this Web Site and the Internet. FORTE does not assume any liability for the materials, information and opinions provided on, or available through, the FORTE Web Site (the "Site Content"). Any of the Site Content may include technical, accuracy and typographical errors. FORTE has the right to make changes and updates to the Site Content without prior notice. Neither the Site Content nor any advice or information given by FORTE or its employees shall create any warranty. Reliance on such advice, information or the Site Content is solely at your own risk. FORTE disclaims any liability for injury or damages resulting from the use of thereof.
THE FORTE WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER FORTE NOR ANY PERSON ASSOCIATED WITH FORTE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE FORTE WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER FORTE NOR ANYONE ASSOCIATED WITH FORTE WARRANTS OR REPRESENTS THAT THE FORTE WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE FORTE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE FORTE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. FORTE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
FORTE shall not be liable for any damages of any kind whatsoever arising out of your reliance on the information on this Web Site. FORTE assumes no responsibility and shall not be liable for any damages resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Web Site or any other linked web sites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from this Web Site or any linked web site or the Internet generally.
IN NO EVENT WILL FORTE OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE FORTE WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE FORTE WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY FORTE AND WHETHER OR NOT FORTE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You agree to indemnify and hold harmless FORTE and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the FORTE Web Site or the delivery of products, services or information over the FORTE Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney's fees, arising from any violation by you of this Agreement or your use of the FORTE Web Site or any products, services or information obtained from this Web Site.
Privacy; Protection of Personal Information
FORTE's use of your personal information and your responsibilities in connection with protecting your privacy are described in the FORTE Privacy Policy, which is incorporated by reference into these Terms of Use.
Anything that you submit to FORTE is non-confidential for all purposes and will not be held in confidence. FORTE does not want to receive confidential or proprietary information from any user through its web sites. Should you provide FORTE or its business partners with information, including but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, whether or not such information is provided in response to solicitations on this Web Site, such information shall be deemed to be nonproprietary and non-confidential and shall become the property of FORTE and you agree that all intellectual property rights therein are transferred to FORTE. FORTE assumes no obligation to protect such information from disclosure. The submission of such information to FORTE shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by FORTE for any purpose whatsoever and FORTE shall be free to reproduce, use, display, broadcast, disclose, transmit and distribute the information to others without restriction. FORTE cannot prevent the "harvesting" of information from this Web Site, and a user may be contacted by FORTE or unrelated third parties by e-mail or otherwise, within or outside of this Web Site. In addition, while there is no limitation on how a user's information may be used, we may use your IP address to help diagnose problems with our server and administer this Web Site, or to help identify you and to gather broad demographic information.
Links to Other Sites; References to Third Parties
The FORTE Web Site contains links to other web sites on the Internet. FORTE is not responsible for and does not endorse the content, products, services or privacy practices of any third-party web sites, including, without limitation, sites framed within the FORTE Web Site or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites. Further, a reference on the FORTE Web Site to any products, services, processes, hypertext links to third-parties or other information by trademark, trade name, manufacturer, supplier or otherwise does not necessarily constitute or imply FORTE's endorsement, sponsorship or recommendation. Product and service information are solely the responsibility of each individual vendor and FORTE does not make any representations regarding the quality, content or accuracy of such information or provide any warranties as to such vendors' products, trademarks, trade names or trade dress.
The owner of this Web Site is based in the State of Ohio, USA. FORTE makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.
Please call 513-398-2800 or email FORTE, if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.
The posting of this Web Site on the World Wide Web is a passive activity in itself. Access to this Web Site by persons in any jurisdiction does not imply that FORTE intends to purposely avail itself of the privilege of conducting activities within such jurisdiction, nor does it imply that FORTE invokes the benefits and protections of the law of such jurisdiction. This site was developed in the United States of America in accordance with, and shall be governed by, and your browsing in and use of this Web Site shall be deemed acceptance of, the laws of the State of Ohio and the United States of America. These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Ohio, USA, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the FORTE Web Site shall be in the state or federal courts located in Cincinnati, Ohio. You agree to submit to the jurisdiction of such courts. Notwithstanding the foregoing, this site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that FORTE intends to make such products and services available in such countries.
Limitations of Use by Visitors from Outside the United States
This Web site is presented by FORTE from within the United States. FORTE makes no representation that materials in the Web site are appropriate or available for use in locations outside the United States. Neither the Web site, nor any underlying information or technology may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country to which the United Sates has embargoed goods (for example, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria) or to anyone on the U. S. Treasury Department's list of Specially Designated Nations or the U. S. Commerce Department's Table of Denial Orders. By downloading or using any element of the Web site, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the Web site.
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect. FORTE's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and FORTE nor any trade practices shall be deemed to modify these Terms of Use.