WEBSITE TERMS AND CONDITIONS OF USE
This site ("Site")
is owned and operated by Steadman Hawkins Sports Medicine Foundation
(the "Foundation"). While you should feel free
to browse this Site, you should be aware that your access to, or
use of, this Site is subject to the following
terms and conditions ("Terms and Conditions") and
all applicable laws. By accessing and browsing this Site, you accept,
without limitation or qualification, these Terms and Conditions
(as modified from time to time, this "Agreement").
In addition, the Foundation may modify these Terms and Conditions
from time to time, and such modifications shall be effective immediately
upon posting the modified Terms and Conditions. You agree to review
the Terms and Conditions periodically to be aware of such modifications
and your accessing or using this Site constitutes your acceptance
of this Agreement as it appears at the time of your access or use.
1. Purpose of this Site
This Site is presented to you
for the sole purpose of disseminating information about the Foundation
and its efforts to keep people of all ages physically active through
orthopaedic research and education in the areas of arthritis, healing,
rehabilitation and injury prevention. THIS SITE IS NOT INTENDED,
AND MUST NOT BE TAKEN, TO BE THE PROVISION OR PRACTICE OF MEDICAL,
NURSING, OR PROFESSIONAL HEALTH CARE ADVICE OR SERVICES IN ANY JURISDICTION.
THE FOUNDATION ENCOURAGES YOU ALWAYS TO SEEK THE ADVICE OF YOUR
PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY
NEW TREATEMENT OR FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL
CONDITION. NOTHING CONTAINED IN THIS SITE IS INTENDED TO BE FOR
MEDICAL DIAGNOSIS OR TREATMENT. THE SITE IS NOT TARGETED TO USERS
IN ANY PARTICULAR LOCALITY, NOR IS IT INTENDED TO CONSTITUTE THE
DOING OF BUSINESS IN ANY JURISDICTION, NOR TO BE A SOLICITATION
OF BUSINESS ANYWHERE ON BEHALF OF THE FOUNDATION, NOT TO CONSTITUTE
ANY CONTACTS WITH ANY JURISDICTION OUTSIDE THE STATE OF COLORADO.
2. Restrictions on Use of Materials
Potential users in any jurisdiction
in the world, the common, statutory, regulatory, or codified law
of which would void this Agreement in whole or in any essential
part (the essential parts being at least, but not only, the exclusive
venue and exclusive remedy provisions, and warranty disclaimer),
or which makes accessing the Site illegal, are unauthorized to use
the Site, and do so entirely at their own risk.
This Site contains material
which is derived in whole or in part from material supplied by the
Foundation and other third-party sources, and is protected by international
copyright and trademark laws. No material (including, but not limited
to, text, images, audio and/or video) and no software (including,
but not limited to, any images or files incorporated in or generated
by the software or data accompanying such software) (individually
and collectively the "Materials") may be copied,
reproduced, republished, uploaded, posted, transmitted, or distributed
in any way or decompiled, reverse engineered or disassembled, except
that you may download one copy of the Materials on any single computer
for your personal, non-commercial home use only, provided you keep
intact all copyright and other proprietary notices. Modification
or use of the Materials for any other purpose is a violation of
the Foundations or other third-party sources copyright,
trademark and other proprietary rights. The use of any such Materials
on any other website or networked computer environment is prohibited
without the Foundations express written consent.
3. Limitation of Liability
and Disclaimer of Warranty
Your use and browsing of this
Site are at your risk. If you are dissatisfied with any of the Materials
contained in this Site, or with any of these Terms and Conditions,
your sole and exclusive remedy is to discontinue accessing and using
this Site. You understand that the Foundation cannot and does not
guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the site for
the reconstruction of any lost data. The Foundation does not assume
any responsibility or risk for your use of the Site.
TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, NEITHER THE FOUNDATION NOR ANY OTHER
PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE IS
LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE
DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT
LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
EXCEPT AS OTHERWISE PROVIDED, THE FOUNDATION DOES NOT WARRANT THE
ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, RELEVANCE OR USEFULNESS
OF ANY MATERIALS PROVIDED ON THIS SITE OR ON THE INTERNET GENERALLY.
THE FOUNDATION SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
LOSS OF DATA, USE, PROFITS, SAVINGS, OR GOODWILL THAT RESULTS FROM
YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE MATERIALS ON THIS
SITE. IN NO EVENT WILL THE FOUNDATION BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE
IN RELIANCE UPON THE MATERIALS PROVIDED THROUGH THIS SITE. YOU AGREE
THAT THE FOUNDATION IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE
CONDUCT OF ANY USER AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR
ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT
OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING
IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE.
4. Links to Third Party Materials
The Foundation may provide links
and pointers to Internet sites ("Links") maintained
by other parties. All Links to other sites found on the Site are
publicly available on the World Wide Web and are provided solely
for the convenience of users. Unless expressly stated otherwise,
Links on this Site are not sponsored by, affiliated with, or the
responsibility of the Foundation and the owners of such Links are
not affiliated with the Foundation and do not sponsor or endorse
the Foundations Site. The Foundation has neither tested nor
verified the content, accuracy, or opinions expressed on any Links
on the Site and disclaims any warranty or liability for damages
associated therewith, including, without limitation, computer viruses
or any other damages to your computer as a result of your visiting
such Links.
5. Termination
This Agreement will terminate
immediately without notice from the Foundation if, in the Foundations
sole discretion, you fail to comply with any term or provision of
this Agreement. Upon termination, you must destroy all Materials
obtained from this Site and all copies thereof, whether made under
terms of this Agreement or otherwise. In the event of termination,
you are no longer authorized to access this Site and the disclaimers
and limitations of liabilities set forth in this Agreement shall
survive.
6. Indemnification
You agree to indemnify the Foundation,
including the payment of all reasonable attorneys fees and
costs of litigation, and to hold the Foundation harmless from any
and all claims by any other party resulting from your acts, omissions,
or representations in any way related to this Agreement or your
access to, and use of, this Site.
7. Miscellaneous.
This Agreement shall be construed
solely in accordance within the internal laws of the State of Colorado,
without giving effect to principles of conflicts of laws. Any actions,
proceedings or suits concerning or relating to this Agreement may
only be brought in a court of competent jurisdiction in Eagle County,
Colorado, or in the U.S. District Court for the District of Colorado
in Denver, and each party hereby consents to the jurisdiction and
venue of such court, and waives any objections thereto. If any provision
of this Agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this Agreement
and shall not affect the validity and enforceability of any remaining
provisions. This Agreement constitutes the entire agreement between
the parties pertaining to its subject matter. It may not be modified
except as described elsewhere in this Agreement. Anything in this
Site inconsistent with or conflicting with the terms of this Agreement
is superseded by the terms of this Agreement.
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