Online Terms of Use

Last Modified: January 4, 2020

ACCEPTANCE OF THE TERMS OF USE

These terms of use (“Terms of Use”) are entered into by and between you and Ortho MKE, LLC (“Ortho MKE,” “we,” “our” or “us”). These Terms of Use govern your access to and use of blountortho.com (the “Site”), including any content, functionality, and products offered on or through the Site.

Please read the Terms of Use carefully before you use the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree with these Terms of Use and the Privacy Policy, you must not access or use the Site.

The Site is only offered and available to users who are 13 years of age or older. By using the Site, you represent and warrant that you are of legal age to accept these Terms of Use as a binding contract with Ortho MKE and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

CHANGES TO THE TERMS OF USE

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in the “GOVERNING LAW AND JURISDICTION” section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

TERMINATION/EXCLUSION

You understand that the Site is provided as a courtesy to you and that we may modify, suspend, or terminate all or a portion of the Site at any time in our discretion without prior notice to you. We reserve the right, in our sole discretion, to revoke, terminate, or suspend any privileges associated with use of the Site or failure to comply with these Terms of Use, and to take any other action we deem appropriate. You agree that Ortho MKE shall not be liable to you or any third party for any termination of your access to the Site.

YOUR ACCESS AND USE OF THE SITE

Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to the terms and conditions of these Terms of Use and the Ortho MKE Privacy Policy. Additionally, your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site, or other actions that Ortho MKE, in its sole discretion, may elect to take.

To use certain portions of the Site, you may be required to provide Ortho MKE with information about you (“Personal Information”). If you provide Personal Information to Ortho MKE, then you agree to provide true, current, complete, and accurate information, and to not misrepresent your identity. You also agree to keep Personal Information current, and to update your Personal Information if any of it changes. Ortho MKE’s collection, use, and disclosure of Personal Information are governed by these Terms of Use and the Ortho MKE Privacy Policy.

DISCLAIMER OF MEDICAL ADVICE

Nothing on this Site constitutes medical advice. Please review our medical disclaimer.

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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.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any the material on our Site, except as follows:

  • 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 orthomke@gmail.com. Ortho MKE has no obligation to respond to or grant such a request, however.

If you print, copy, modify, download, use, or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Ortho MKE. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

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.

SUBMISSIONS

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.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to access or use the Site in any unlawful way or for an unlawful or illegitimate purpose, including without limitation in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries.) You shall not post or transmit via the Site (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful to any person; (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity of others; or (d) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

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

Our Site may contain links to third party websites such as Facebook®, Twitter®, YouTube®, Instagram®, Heathgrades®, Google®, Pinterest®, Facebook Messenger®, Reddit®, Snapchat® and LinkedIn®. Please be aware, that we do not control or monitor such third party websites and we are not responsible for any third party websites accessed through the Site. Inclusion of, linking to or permitting the use or installation of any third party website does not imply that approval or endorsement thereof by us. If you decide to leave the Site and access the third party website, you do so at your own risk and you should be aware that these Terms of Use no longer apply to your usage of such 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.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Ortho MKE Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity.

WAIVER AND SEVERABILITY

No waiver by Ortho MKE of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of any other term or condition, and any failure of Ortho MKE to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

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:

 

via mail:

     DMCA Notice

     Blount Orthopaedic Associates, SC

     Attn: Ortho MKE, LLC

     525 W River Woods Pkwy

     Suite 100

     Glendale, WI 53212

via email:

     orthomke@gmail.com

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.

GOVERNING LAW AND JURISDICTION

All matters relating to the Site, these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, USA, without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin in each case located in the County of Milwaukee, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

ENTIRE AGREEMENT

 

These Terms of Use, our Privacy Policy, Medical Disclaimer and any other terms linked on the Site, constitute the sole and entire agreement between you and Ortho MKE regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

YOUR COMMENTS AND CONCERNS

 

If you have questions, comments, concerns, or feedback regarding these Terms of Use or the Site, please contact Ortho MKE via the form below or email orthomke@gmail.com.

This website is owned and operated by Ortho MKE, LLC providing services on behalf of Blount Orthopaedic Associates, SC