(Date of Last Revision: April 30, 2019)
The website www.biofusionmedical.com (“the Site”) is owned and operated by Bio Fusion Medical, LLC (collectively, “Bio Fusion,” “we,” or “us”). The Site provides information about Bio Fusion’s products, testimonials, and case studies on the multiple ways to use the Bio Fusion products (the “Services”).
YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY. THE INFORMATION CONTAINED ON THE SITES IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS. THE INFORMATION AND VIEWS PROVIDED BY INDIVIDUAL CONTRIBUTORS ON THE SITES SHALL NOT BE ATTRIBUTED TO BIO FUSION.
THE SITE IS NOT INTENDED OR DESIGNED TO PROVIDE A RESPONSE IN A MEDICAL EMERGENCY. IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY SERVICES (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON THE SITES OR ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR EMERGENCY MEDICAL NEEDS.
You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Bio Fusion’s, its licensors’, or the Site’s other user’s intellectual property rights. Bio Fusion may provide information in a text format, images of the products, and case studies, and informational videos. (“Product Information”) on the Site and grants you a limited license to make a copy and use Product Information solely for your personal or internal business purposes. Except as otherwise provided herein, you may not copy, distribute, or publicly display Product Information for any other purpose or in any other public forum without the written consent of Bio Fusion or the respective owner, including public forums such as other websites, web services, or print publications. Bio Fusion or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited.
We currently offer our products through doctors, surgeons, hospitals, and other professional healthcare providers. Bio Fusion products are not currently offered to residents of the European Economic Area.
Use of Personal Data
Your Communications to the Site
The following activities are expressly prohibited from the Site:
- Submitting to Bio Fusion any sensitive personal information that is considered or could be considered “Personal Health Information” or “PHI,” as defined in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”), including, without limitation, any individually identifiable health information about your past, present, or future physical or mental health or condition, the provision of health care to you or the past, present, or future payment for such care;
- Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
- Submitting or posting any false, misleading, or fraudulent statements or content.
- Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Site.
- Collecting personal information of other users of the Site without that user’s consent.
- Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware.
- Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
- Framing or deep linking into the Site.
- Accessing the Site by means of automated process, spiders, bots or similar device.
Federal and State Laws
The Site is operated from the United States. When using the Site, on the Site, or when using any content provided by Bio Fusion, you must obey all applicable U.S.-based federal, state, and local laws.
We do not allow persons under the age of eighteen (18) to use the Site. By using the Site, you represent and warrant that you are eighteen (18) years of age or over.
Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, BIO FUSION DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, BIO FUSION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
By providing THE SERVICES on the Site, BIO FUSION does not in any way promise that the SERVICES will remain available to you. BIO FUSION is entitled to terminate all or part of any of the Site at any time, in its sole discretion without notice to you.
Limitation of Liability
THE LIABILITY OF BIO FUSION and its affiliates, employees, agents, representatives, and third-party service providers WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, the products, THE CONTENT, OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF THE PRICE of THE PRODUCTS PURCHASED BY YOU OR fifty DOLLARS ($50).
IN NO EVENT WILL BIO FUSION BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA OR OTHERWISE, EVEN IF BIO FUSION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Bio Fusion respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bio Fusion’s copyright agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location on the Site of the material that you claim is infringing;
- Your address, telephone number, and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Bio Fusion’s agent for notice of claims of copyright infringement on the Site can be reached as follows:
Bio Fusion Medical, LLC
Website Availability. Bio Fusion cannot guarantee the Site will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions. Although BIO FUSION strives to provide the most reliable website reasonably possible, interruptions and delays in accessing the Site are unavoidable and BIO FUSION disclaims any liability for damages resulting from such problems.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but Bio Fusion does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.