PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use describe rules for visitors to this ATEC Spine website. This website is owned and operated by ATEC Spine. ATEC Spine is the name we use to refer to our whole business, including Alphatec Holdings, Inc. and any of the companies that it controls, such as its subsidiaries and affiliates. When we use the words we or our, we mean ATEC Spine. ATEC Spine also operates other websites. These Terms of Use do not apply to our other websites. You should review the terms of use posted on such ATEC Spine websites when you visit them.
These Terms of Use were last updated on October 8, 2015. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the website. By using this website, it means you accept the most recent version of the Terms of Use.
ABOUT THE INFORMATION ON THIS WEBSITE. Our website may contain information relating to various medical, health and fitness conditions and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own physician or other medical professional. You should not use the information contained herein for diagnosing a medical, health or fitness condition or disease. You should always consult your own physician and medical advisors.
We provide the contents of our website for informational purposes and for general interest only. The materials and related graphics published on the website or accessed via the website could include technical inaccuracies or typographical errors. By using the website, you agree not to rely on any of the information contained herein.
This website is controlled and operated from the United States of America and we make no representations that materials in the website are appropriate or available for use in other locations. Although accessible by others the product information on our website is intended for use by United States residents only. The website contains information about products which may or may not be available in any particular country, may be available under different trademarks or names and, if applicable, may have received approval or market clearance by a government regulatory body for sale or use with different indications and restrictions in different countries. Each country has specific laws, regulations and medical practices governing the communication of medical information and information about medical products on internet. You should not construe anything on the website as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located. Products not cleared or approved for use in the United States will be designated as such.
The website may link too other sites produced by us, some of which are outside the United States. Those sites may have information that is appropriate only to the particular originating country or region where the site is based.
FORWARD LOOKING STATEMENTS. Certain portions of this website may include forward-looking statements that involve risks and uncertainties that could cause actual results or experience to differ materially from historical results or those anticipated. Actual future results may differ materially depending on a variety of factors, including technological advances in the medical field, foreign currency exchange rates, product demand and market acceptance, the impact of competitive products and pricing, the effect of economic conditions, and other risks detailed in our filings with the Securities and Exchange Commission. All forward-looking statements are based on estimates and assumptions made by management of the company as the date of publication.
OUR COPYRIGHTS AND TRADEMARKS. The materials on this website belong to or are licensed to us. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may not e-mail, download, or print copies of the materials on this website without our express written consent.
We also own the names we use for our products and services on this website, and these names are protected by United States and foreign trademark laws. An ® following a name on our website indicates that the trademark has been registered in the United States. A ™ following a name on our website indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.
If you use the materials or trademarks on this website in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this website. Title to the materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved.
LINKS TO THIS WEBSITE AND USE OF ATEC Spine MARKS. You agree not to link to this website or use any ATEC Spine logo or trademark in any manner without our prior written permission.
INTELLECTUAL PROPERTY INFRINGEMENT. It is the policy of ATEC Spine to respect intellectual property rights of others. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for these sites:
Service Provider(s): ATEC Spine, Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: General Counsel.
Full Address of Designated Agent to Which Notification should be Sent: Attn: General Counsel 5818 El Camino Real Carlsbad, CA 92008
Telephone Number of Designated Agent: 760-431-9286
Facsimile Number of Designated Agent: 760-431-9083
E-mail Address of Designated Agent: legal@atecspine.com
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to at on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material
- Information reasonably sufficient to permit the service provider 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
- 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
LINKS TO OTHER WEBSITES. This website may contain links to websites not operated by ATEC Spine. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. These websites may contain information about uses of ATEC Spine products or therapies that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.
YOUR FEEDBACK, COMMENTS AND IDEAS. While we are pleased to receive feedback, comments and ideas from visitors to this website, we want you to understand that any information that you submit through this website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this website, you hereby grant us an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that we are free to use them for any purpose.
NO WARRANTIES AND INDEMNIFICATION. ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. ATEC SPINE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ATEC SPINE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.
ATEC SPINE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER ATEC SPINE NOR ANY PERSON OR COMPANY ASSOCIATED WITH ATEC SPINE SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ATEC SPINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF ATEC SPINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL ATEC SPINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF ATEC SPINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INDEMNIFICATION. IF YOU VIOLATE THESE TERMS OF USE OR THE PRIVACY STATEMENT IN A WAY THAT CAUSES HARM TO OTHERS, YOU AGREE TO HOLD ATEC SPINE HARMLESS AGAINST ANY LIABILITY FOR THAT HARM.
OTHER RULES ABOUT THIS WEBSITE. In addition to the rules in these Terms of Use and the Privacy Statement, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this website, such as when you follow a link from this website. Please read our Privacy Statement to learn how we protect and use information that we gather through this website.
Your obligations under this section and the sections called "Your Feedback", "No Warranties", "Limitation of Liability", "Indemnification" and "Governing Law" will survive termination of these Terms of Use.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
GOVERNING LAW. By using this website, you agree that the only proper jurisdiction and venue for any dispute with ATEC Spine, or in any way relating to your use of this website, is in the state and federal courts in the State of California, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving ATEC Spine or its affiliates, employees, officers, directors, agents, or suppliers.
These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles, and the federal laws of the United States.
QUESTIONS, COMMENTS, AND NOTICES. ATEC Spine may deliver notice to you by electronic mail, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with ATEC Spine. You may deliver notice to ATEC Spine by using the Contact Us feature.
Last updated: October 8, 2015