Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with SurgicalTrainingVideos, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms.Please be aware that this information is provided to supplement the care provided by your physician. It is neither intended nor implied to be a substitute for professional medical advice. CALL YOUR HEALTHCARE PROVIDER IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. Always seek the advice of your physician or other qualified healthcare provider prior to starting any new treatment or with any questions you may have regarding a medical condition. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that you and such entity jointly and severally agree to indemnify SurgicalTrainingVideos for violations of these Site Terms. Privacy Policy SurgicalTrainingVideos is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information. Ownership of the Site and its Contents This Site is owned by SurgicalTrainingVideos. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("SurgicalTrainingVideos Content"), is owned by SurgicalTrainingVideos, its licensors, or its third-party image partners. Any SurgicalTrainingVideos Content that is posted or otherwise submitted to SurgicalTrainingVideos by any user of SurgicalTrainingVideos or other third party is provided to SurgicalTrainingVideos with the understanding that SurgicalTrainingVideos has an unlimited license to display, duplicate, transfer, transmit and otherwise use that content without restriction. By posting content to SurgicalTrainingVideos or otherwise utilizing the Site, you expressly agree to such license and rights of use by SurgicalTrainingVideos. This license and grant of rights is irrevocable and is given in consideration of the rights granted to you by SurgicalTrainingVideos to use the Site in accordance with the terms, conditions and policies of SurgicalTrainingVideos as described herein and otherwise. All elements of the Site, including the SurgicalTrainingVideos Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property, and any use or duplication of such SurgicalTrainingVideos Content other than as expressly permitted on the Site or without the express written consent of SurgicalTrainingVideos is strictly prohibited.. Use of the Site This Site and the SurgicalTrainingVideos Content are intended for customers of SurgicalTrainingVideos. You may not use this Site or the SurgicalTrainingVideos Content for any purpose not related to your business with SurgicalTrainingVideos. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the SurgicalTrainingVideos Content, other than as expressly permitted on the Site, without, or in violation of, a written license or agreement with SurgicalTrainingVideos; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the SurgicalTrainingVideos Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any SurgicalTrainingVideos product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the SurgicalTrainingVideos Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. Without limiting the generality of the foregoing, the duplication of any SurgicalTrainingVideos Content for retransmission or inclusion in any other website, DVD, mobile transmission, email or any other media of any sort is strictly prohibited. The SurgicalTrainingVideos Content is for the personal use of SurgicalTrainingVideos users only and may not be transferred to any person or third party. Physical copies of SurgicalTrainingVideos Content may be made only for the personal use of SurgicalTrainingVideos users and may not be exhibited, displayed or transferred to any third party for any purpose. You represent, warrant and agree that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside. Copyright Infringement and Privacy Rights Policy In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, SurgicalTrainingVideos has adopted a policy of terminating, in appropriate circumstances and at SurgicalTrainingVideos's sole discretion, account holders who infringe the intellectual property rights or privacy rights of SurgicalTrainingVideos or any third party. It is unlawful to post any content on SurgicalTrainingVideos which features the name, likeness or other identifying information of any person, artwork, creation or landmark without the express consent of that person or the owner of the image rights to such intellectual property and such unauthorized posting is strictly prohibited. Copyright Complaints If you believe that any material on the Site infringes upon any copyright or other intellectual property rights that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below: E-mail: Support[at[SurgicalTrainingVideos.com Please provide our Agent with the following Notice: a. Identify the material on the SurgicalTrainingVideos site that you claim is infringing, with enough detail so that we may locate it on the website; b. A statement by you that you have a good faith belief that the disputed use in not authorized by the owner, its agent, or the law; c. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright or other interest involved or that you are authorized to act on behalf of that owner; d. Your address, telephone number, and email address; and e. Your physical or electronic signature. SurgicalTrainingVideos will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act. We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address. Trademarks SurgicalTrainingVideos Trademarks, the SurgicalTrainingVideos name and logo, and any other product or service name or slogan contained in the Site are trademarks of SurgicalTrainingVideos and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of SurgicalTrainingVideos or the applicable trademark holder in each case. You may not use metatags or any other "hidden text" utilizing "SurgicalTrainingVideos" or any other name, trademark or product or service name of SurgicalTrainingVideos without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SurgicalTrainingVideos and may not be copied, imitated or used, in whole or in part, without the prior written permission of SurgicalTrainingVideos in each instance. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SurgicalTrainingVideos. Links You may not use a SurgicalTrainingVideos logo or other proprietary graphic of SurgicalTrainingVideos to link to this Site without the express written permission of SurgicalTrainingVideos. Further, you may not frame any SurgicalTrainingVideos trademark, logo or other proprietary information, including the SurgicalTrainingVideos Content, without SurgicalTrainingVideos' express written consent. SurgicalTrainingVideos makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of SurgicalTrainingVideos and SurgicalTrainingVideos is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. SurgicalTrainingVideos provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by SurgicalTrainingVideos of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that SurgicalTrainingVideos shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings. Forums & Other Interactive Services or Areas The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following: a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; c. User Content that may infringe any patent, trademark, trade secret, copyright, privacy rights or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content and every element thereof, and you agree to indemnify, defend, protect and hold harmless SurgicalTrainingVideos and its members, employees, agents, successors and assigns, and each of them, from and against any claim, cost (including attorneys' fees and legal costs), liability or other amount incurred by any of such parties as a result of any breach of the representation and warranty contained in this paragraph; d. User Content that impersonates any person (living or dead) or entity or otherwise misrepresents your affiliation with a person or entity; e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes, link referral code or solicitations; f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; g. Viruses, worms, corrupted data or other harmful, disruptive or destructive files or code; and h. User Content that, in the sole judgment of SurgicalTrainingVideos, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of SurgicalTrainingVideos's resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose SurgicalTrainingVideos or its users to any harm or liability of any type. Further, you agree not to delete or revise any User Content posted by any third party. SurgicalTrainingVideos takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is SurgicalTrainingVideos liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, SurgicalTrainingVideos is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although SurgicalTrainingVideos has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, SurgicalTrainingVideos reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that SurgicalTrainingVideos may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of SurgicalTrainingVideos; or to protect the safety of our company, employees, customers or the public. If you post User Content to the Site, unless we indicate otherwise, you grant SurgicalTrainingVideos and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant SurgicalTrainingVideos and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. By posting any content, you agree to indemnify, defend, protect and hold harmless SurgicalTrainingVideos and its members, employees, agents, successors and assigns, and each of them, from and against any claim, cost (including attorneys' fees and legal costs), liability or other amount incurred by any of such parties as a result of any breach of the representations and warranties contained in this paragraph. Registration Data and Account Security In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to SurgicalTrainingVideos, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify SurgicalTrainingVideos immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to SurgicalTrainingVideos. Paid Postings We may charge a fee to post content in some areas of the Site. The fee is an access fee permitting content to be posted in a designated area. Each party posting content to the Site is responsible for said Content and compliance with the Site Terms. All fees paid will be non-refundable in the event that Content is removed from the site for violating the Site Terms, or for any other reason. Indemnification You agree to defend, indemnify and hold harmless SurgicalTrainingVideos, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the SurgicalTrainingVideos Content, or your violation of any rights of another. Disclaimer THIS SITE AND THE HOME TUBE CONTENT ARE PROVIDED "AS IS" AND HOME TUBE AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. HOME TUBE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE HOME TUBE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT HOME TUBE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE HOME TUBE CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE HOME TUBE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. SurgicalTrainingVideos makes no representations or warranties as to the SurgicalTrainingVideos Content's accuracy, correctness or reliability. SurgicalTrainingVideos offers a search feature within the Site. SurgicalTrainingVideos explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. SurgicalTrainingVideos also disclaims any responsibility for the completeness or accuracy of any directory or search result. Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Notwithstanding the foregoing, the use of the SurgicalTrainingVideos Site and service in any jurisdiction where any portion of these Site Terms is unenforceable is prohibited. Limitation of Liability IN NO EVENT SHALL HOME TUBE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE HOME TUBE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM HOME TUBE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HOME TUBE' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HOME TUBE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO HOME TUBE FOR ACCESS TO OR USE OF THE SITE. Applicable Law and Venue Any dispute relating in any way to your use of the Site or the SurgicalTrainingVideos Content shall be submitted to confidential arbitration in Seattle,WA, except that, to the extent you have in any manner violated or threatened to violate SurgicalTrainingVideos' intellectual property rights, SurgicalTrainingVideos may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise. Termination Notwithstanding any of these Site Terms, SurgicalTrainingVideos reserves the right, without notice or liability to you or any third party, and in its sole discretion, to deactivate your account, block your email or IP address, or otherwise terminate your account and/or to block your use of the Site. Miscellaneous Provisions Any waiver of any provision of the Site Terms will be effective only if in writing and signed by SurgicalTrainingVideos. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved. Changes to Site Terms SurgicalTrainingVideos reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites. Questions and Contact Information Questions or comments about the Site or Site Terms may be directed to SurgicalTrainingVideos at www.SurgicalTrainingVideos.com or by emailing Support[at]SurgicalTrainingVideos[dot]com. SurgicalTrainingVideos.com
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