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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 Foundation’s 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 Foundation’s 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 Foundation’s 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 Foundation’s 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.