Last Modified: January 4, 2020
YOUR ACCESS AND USE OF THE SITE
DISCLAIMER OF MEDICAL ADVICE
Nothing on this Site constitutes medical advice. Please review our medical disclaimer.
INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features, and functionality including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof are owned by Ortho MKE, its licensors, or other providers of such material, and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your web browser for display enhancement purposes;
You may download five copies of an article or blog post for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
You may print or download five copies of a reasonable number of pages of the Site for your own personal, non-commercial use, and not for further reproduction, publication, or distribution;
You may share on social media platforms, so long as the reposting is not for commercial purposes and is in the exact form posted on the Site; and
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not: (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (iii) delete or alter any copyright, trademark, or other proprietary rights or notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any materials made available through the Site.
If you wish to make any use of material on the Site other than as set out in this section, please address your request to email@example.com. Ortho MKE has no obligation to respond to or grant such a request, however.
TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS, AND TAGLINES
All trademarks, service marks, logos, slogans, and taglines displayed on or through the Site are property of Ortho MKE or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans, or taglines displayed on or through the Site without the express written permission of Ortho MKE, or such third party that may own the trademark, service mark, logo, slogan, or tagline.
When you submit either solicited or unsolicited ideas, questions, inquires, notes, drawings, concepts, or other information (collectively, “Submissions”), you grant Ortho MKE a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
You shall not attempt to disrupt the operation of the Site in any manner, including through the use of methods such as denial-of-service attacks, flooding, or spamming, and you will not transmit, distribute, introduce, or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs, or any other malicious or harmful code. You shall not use the Site in any manner that could damage, disable, or impair our Site or networks. You shall not attempt to gain unauthorized access to any computer systems or networks, through hacking, password mining, or any other means. You shall not use any robot, scraper, or other means to access the Site. Furthermore, you shall not impersonate or attempt to impersonate Ortho MKE, an Ortho MKE employee, another user, or any other person or entity, or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Ortho MKE or the users of the Site or expose them to liability.
COOPERATION WITH LAW ENFORCEMENT
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any posting materials on or through the Site. YOU WAIVE AND HOLD HARMLESS ORTHOMKE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER ORTHOMKE, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
LINKS TO THIRD PARTY WEBSITES
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE, OR ANY SITES LINKED TO IT. ORTHO MKE ASSUMES NO RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, THE INTERNET, OR FOR YOUR MISUSE OF ANY ADVICE, SUBMISSIONS, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SITE.
THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY SERVICE PROVIDERS INCLUDED ON THE SITE. ANY THIRD PARTY SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU, AND THE LISTING OF SUCH DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. ORTHO MKE DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
ORTHO MKE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, OR CONTENT OR IMAGES SUBMITTED OR POSTED ON THE SITE IN TERMS OF ITS OWNERSHIP, VALIDITY, CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE, INCLUDING CONTENT AND IMAGES POSTED BY USERS OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ORTHO MKE OR ITS AFFLIATES, REPRESENTATIVES, CONSULTANTS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (“ORTHO MKE PARTIES”) BE LIABLE TO YOU FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY ORTHO MKE. IN NO EVENT SHALL THE ORTHO MKE PARTIES BE LIABLE TO YOU FOR DIRECT DAMAGES COLLECTIVELY IN AN AGGREGATE AMOUNT EXCEEDING ONE HUNDRED DOLLARS (US $100). THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WAIVER AND SEVERABILITY
COPYRIGHT INFRINGEMENT CLAIMS
Ortho MKE respects the intellectual property rights of others. It is Ortho MKE’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.
When reporting infringing material to Ortho MKE (“DMCA Notice”) please provide: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ortho MKE to locate the material; (d) information reasonably sufficient to permit Ortho MKE to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)), Ortho MKE’s designated agent to receive notices and counter notices of claimed infringement is:
Blount Orthopaedic Associates, SC
Attn: Ortho MKE, LLC
525 W River Woods Pkwy
Glendale, WI 53212
If you wish to report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although Ortho MKE reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any user of the Site, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any repeat offender.
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