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TERMS AND CONDITIONS OF USE

PLEASE READ THE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE.

If you use this Web site, your use means that you agree to the Terms and Conditions set forth herein. If you don't agree to all of the Terms and Conditions of Use, don't use this site. Orthopedic & Sports Medicine Center, Inc. ("OSMC") will from time to time update and revise the Terms and Conditions, and this can happen at any time. Those changes will be made effective immediately. You agree to check this location for changes, and each time you use the OSMC Web site you accept all changes and the Terms and Conditions.

THE OSMC WEB SITE AND ITS CONTENTS ARE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

NOTHING CONTAINED IN THE WEB SITE IS INTENDED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT. YOU SHOULD NOT DISREGARD PROFESSIONAL MEDICAL ADVISE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON THE OSMC WEB SITE OR LINKS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. THIS WEB SITE IS NOT INTENDED TO BE THE PROVISION OR PRACTICE OF MEDICINE, OR PROFESSIONAL HEALTH CARE IN ANY JURISDICTION. THE OSMC WEB SITE IS NOT DIRECTED 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, NOR TO CONSTITUTE ANY CONTACTS WITH ANY JURISDICTION OR CONSENT TO THOSE JURISDICTIONS OUTSIDE OF THE STATE OF INDIANA.

OSMC doesn't endorse the content of any third-party Web sites. OSMC is not responsible for the content of linked third party sites, and doesn't make any representations regarding their content or accuracy. Using a third party Web site is done at your own risk and subject to the terms and conditions of use of those sites. OSMC does not endorse any product on the OSMC site.

The use of the OSMC Web site and the Content is at your own risk. When using the OSMC Web site, information is transmitted by means which are beyond the control and jurisdiction of OSMC. As a result, OSMC does not assume liability for or relating to the failure, interruption, delay or corruption of data or other information transmitted in connection with use of the OSMC site.

The OSMC site and the content are provided on an "as is" basis. OSMC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIESÕ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. All claims arising connection with your use of the Web site or its Contents, must be brought within one (1) year of the date of the event giving rise to such action occurred. The remedies under these Terms and Conditions are exclusive and are limited to only those expressly provided for in these Terms and Conditions.

IN NO EVENT SHALL OSMC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEB SITE, OR SITES ACCESSED THROUGH THIS WEB SITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE OSMC WEB SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OSMC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE OSMC WEB SITE IS TO STOP USING THE WEB SITE.

OSMC is based in Elkhart, Indiana, USA. OSMC makes no claims that the Content is appropriate or may be down loaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the OSMC site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The Contents of this Web site are protected by copyright law. All title to the Contents remain with OSMC. All use of the contents without expressed permission except as allowed in the Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trademark, and other laws. The Contents of this Web site are subject to change without notice in the absolute editorial discretion of OSMC. Any and all rights not expressly granted herein are reserved to OSMC and its licensors.

If you want to make personal use of this web site's Contents, OSMC authorizes you to view or download a single copy of the material on the OSMC site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright 1998-1999, OSMC, Inc. All rights reserved" and other copyright and proprietary rights notices which were contained in the Web site's Contents.

Violations of any of the Terms and Conditions automatically terminates your permission to use the Contents and you are to immediately destroy all copies you have made of any portion of the Web site.

You also agree to defend, indemnify, and hold OSMC, its officers, directors, employees and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from your violation of these Terms and Conditions.

This agreement is entered into and performed in the State of Indiana, and is governed by and shall be construed in all respects under the laws of Indiana, exclusive of its choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the OSMC Web site, each party irrevocably submits to the exclusive personal jurisdiction of the Circuit Court sitting in Elkhart County, Indiana, or if such court does not have subject-matter jurisdiction, then each party irrevocably submits to the exclusive personal jurisdiction of the United States Court for the Northern District of Indiana, sitting in South Bend, Indiana, and whichever of those two courts has jurisdiction, each party waives any jurisdictional, venue, or inconvenient forum objections to such court.

No waiver of any of the Terms and Conditions by OSMC shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If any part or provision of the Terms and Conditions is determined or ruled invalid or unenforceable by any court having jurisdiction to do so, that determination regarding that provision shall be applied only to the part identified and shall not affect the validity of the remaining provisions of the Terms and Conditions, and they shall remain in full force and effect.

These Terms and Conditions constitute the entire agreement between you and OSMC for the use of the OSMC Web site.

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