Legal Notice

DISCLAIMER, TERMS, AND CONDITIONS OF USE

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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

These Terms and Conditions of use may be changed in the future without further notice. Further, these Terms and Conditions apply exclusively to your access to, and use of, this website and do not alter in any way the terms or conditions of any other agreement you may have with Thompson Surgical Instruments, Inc. for services or otherwise. If you have any questions about these Terms and Conditions please contact us at info@thompsonsurgical.com

Introduction

This website is maintained and operated by Thompson Surgical Instruments, Inc. at least in part on a server located in United States of America. While Thompson Surgical Instruments, Inc. has tried to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. Materials on this website are for general information purposes only and should not be construed as legal advice, legal opinion or any other advice on any specific facts or circumstances. Publication of information by us through this website, and your receipt of such information, does not create an attorney-client relationship. You should not act (or refrain from acting) upon this information without seeking professional advice.

Contacting Thompson Surgical Instruments, Inc.

Persons contacting Thompson Surgical Instruments, Inc. by email or through any online communication facility provided here should not send confidential, privileged or sensitive information.

Privacy

Please review Thompson Surgical Instruments, Inc. General Privacy Statement

Commercial and Similar Uses Not Permitted

No commercial use of the information on or under this website is licensed or permitted. For example, the use of automated systems (e.g., robots, spiders, or other information scrapers) to access, acquire or download information on this website is expressly prohibited where such systems are employed in connection with commercial objectives, affect the operation of this website in any manner, or in a fashion that directly or indirectly violates the privacy interests of any person.

The Thompson Surgical Instruments, Inc.'s Proprietary Rights

You acknowledge and agree that this website and its content (the Materials) are and shall remain the property of Thompson Surgical Instruments, Inc. and/or its licensors, and are protected by copyright, trademark, and/or other proprietary rights and laws. Except as expressly authorized in advance by Thompson Surgical Instruments, Inc., you agree not to copy, distribute, transmit, display, perform or create derivative works of the Materials, provided that Thompson Surgical Instruments, Inc. (as part of your consent to these Terms and Conditions) grants to you a limited, personal, revocable and non-transferable license to (a) access the Materials via the internet solely for purposes of viewing such materials, and (b) to print out pages of this website for your personal, non-commercial use. Any other use of the Materials—including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance—without the prior express written consent of Thompson Surgical Instruments, Inc. is prohibited. Trade names, trademarks, and service marks of Thompson Surgical Instruments, Inc. or its affiliates include, without limitation, "Thompson Surgical Instruments", "Thompson Retractor", "thompsonsurgical.com", and associated logos. All trade names, trademarks and service marks on the website that are not owned by Thompson Surgical Instruments, Inc. or its affiliates are the property of their respective owners. The trade names, trademarks, and service marks owned by Thompson Surgical Instruments, Inc. or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not provided by Thompson Surgical Instruments, Inc. (or authorized under separate, written license), or in any other manner that is likely to cause confusion or dilution. Nothing on the website should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of Thompson Surgical Instruments, Inc.'s trade names, trademarks, or service marks without prior express written consent. Finally, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or trade dress of Thompson Surgical Instruments, Inc., and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Thompson Surgical Instruments, Inc.

Rules of Conduct

You agree to comply with all applicable laws, rules and regulations in accessing and/or using the website. In addition, your use is conditioned on your compliance with the following rules of conduct. You agree not to:

  • Use the website for any fraudulent or unlawful purpose;
  • Impersonate any person or entity, including, but not limited to, any Thompson Surgical Instruments, Inc. employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make;
  • Interfere with or disrupt the operation of the website; or restrict or inhibit any other person from using the website, including by means of hacking or defacing any portion of the website, or engaging in denial-of-service activities;
  • Transmit or otherwise make available in connection with the website any virus, worm, Trojan Horse, or other harmful code;
  • Interfere with or violate any other website visitor's or user's rights to privacy or other rights, or harvest or collect personally identifiable information about website visitors or users, or about Thompson Surgical Instruments, Inc.'s personnel, without their prior express consent; or
  • Frame or mirror all or any part of the website without our prior express written consent.

Forums, Interactive Areas, Postings and Feedback

This website may include discussion forums or other interactive areas, including chat rooms, bulletin boards or collaboration facilities. You agree not to upload to, distribute or otherwise publish through this website any content which is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law. Forums and interactive areas shall be used only for non-commercial purposes. On this website you shall not, without the prior express written consent of Thompson Surgical Instruments, Inc., distribute or publish promotions, advertising or solicitations for funds, goods or services. You shall remain solely liable for the content of any messages or other information posted by you on this website, and Thompson Surgical Instruments, Inc. takes no responsibility and assumes no liability for the content of posted or uploaded material. Please contact Thompson Surgical Instruments, Inc. at info@thompsonsurgical.com concerning any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on this website. Thompson Surgical Instruments, Inc. reserves the right, in its sole discretion, to remove or edit any material posted by you that is determined to be harmful, offensive or otherwise inappropriate.

Copyright Infringement by Your Postings

By posting content of any nature (including software) to or through this website, you warrant to us (and we rely on this warranty) that such items are known to you to be free shareware, otherwise in the public domain, or owned by you (and impliedly licensed to us by virtue of such posting by you), and you agree to indemnify us against all claims, damages, or losses arising from an action alleging infringement of copyright or other proprietary rights in such works. We undertake no duty to determine the validity of any claim of copyright. Claims of infringement under the DMCA must satisfy detailed requirements under 17 U.S.C. Section 512(c)(3)). Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.

Thompson Surgical Instruments, Inc. Software

Any Thompson Surgical Instruments, Inc. software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on of through this website is licensed to you by Thompson Surgical Instruments, Inc. "as-is", and no ownership rights pass to you. You shall not copy, distribute, sell, modify, transfer, decompile, reverse engineer, disassemble or create derivative works from any Software.

Hyperlinks

The Thompson Surgical Instruments, Inc. makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this website, or websites linking to this website.

Disclaimer

THIS WEBSITE AND THE MATERIALS UNDER THIS WEBSITE ARE provided ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FIRM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE FIRM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE FIRM DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Thompson Surgical Instruments, Inc. reserves the right to change any and all content contained on this website at any time without notice. Reference to any services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Thompson Surgical Instruments, Inc..

Limitation of Liability

IN NO EVENT SHALL THE FIRM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE.

Applicable Law

The laws of the State of Michigan (for users located in the United States), or the laws of the Province of Ontario (for users located in Canada) or the laws of England (for users located outside the United States and Canada) shall govern the construction and interpretation of the these Terms and Conditions and the rights of the parties hereunder. By accessing and/or using this website, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions and by all applicable laws and regulations, including U.S. Export control laws and regulations. Any controversy or claim arising out of or relating to your use of this website or any services provided hereunder shall be settled by binding arbitration to be held in the English language in Traverse City, Michigan, in accordance with the commercial arbitration rules of the American Arbitration Association (for users located in the United States), or in Windsor, Ontario in accordance with the arbitration rules of the Ontario Arbitration Act (for users located in Canada) or in London, England in accordance with the arbitration rules of the International Chamber of Commerce (for users located outside the United States and Canada). Any judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. Any award rendered by the Arbitrator(s) may include costs against either party, but under no circumstances are the Arbitrator(s) authorized or empowered to award special, punitive or multiple damages against either party.

Termination

Notwithstanding any of these Terms and Conditions, Thompson Surgical Instruments, Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use this website, and to block or prevent future access to and use of this website.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Language

It is at the express consent of the parties that the present agreement be written in English. C'est à la demande expresse des parties que cette convention soit rédigée en anglais.