Website & Platform Terms of Use

Last Revised: March 19, 2024 (“Effective Date”)

Welcome to the OrthoLive, Inc. website https://www.ortholive.com (the “Site”). OrthoLive, Inc. (“OrthoLive”, “we”, “our” or “us”) provides this Site for the use of healthcare providers, organizations, and individuals and govern the use of this Site and any other website or online service that OrthoLive operates and that links to these Terms of Use by organizations, their employees, and other individuals (collectively, “you” or “your”). Please read these Terms of Use carefully.

TERMS AND CONDITIONS FOR THE USE OF THIS SITE

These Website & Platform Terms of Use (“Terms of Use”) describe the terms and conditions of use of this website by you, the website viewer, and your rights and responsibilities as a user. By: (a) accessing and using our Site, (b) providing payment for and/or using any Services provided by us thereunder, and/or (c) providing your personal information to us, you agree and are thus bound by all of the terms and conditions set forth herein, whether or not you register for a user account (“Account”) with us. As used throughout these Terms of Use, the term “Services” means the provision of access to OrthoLive’s Telehealth, EMR, wellness and patient monitoring website and the coordination of access to comprehensive musculoskeletal care by an appropriately licensed health care professional (collectively, the “Health Care Professionals”).

We have the right to revise these Terms of Use without notice to you and thus advise all users of the Site to visit this page frequently to review them. The most current version of these Terms of Use can be viewed by clicking on the “Terms of Use” link posted at https://www.ortholive.com/terms-of-use/. By accessing and using this Site, you agree to these Terms of Use and any changes to these Terms of Use that may be in force at that time. If you do not agree to these Terms of Use, please leave this Site.

We encourage you to review our Privacy Policy, as your agreement to these Terms of Use includes agreement to our Privacy Policy (as referenced below). Additionally, our Terms of Service Agreement (“Terms of Service”) govern those terms that apply should you wish to make use of our Services.

Should you find other terms, conditions, or disclaimers on pages, applications, or programs within the Site, and you believe there is a conflict between these Terms of Use and those terms, conditions, or disclaimers posted for that particular area of the Site, the terms, conditions, or disclaimers for that particular page, application, or program will take precedence to the extent there is a conflict. Additionally, any conflict arising between these Terms of Use and our Privacy Policy shall be resolved by the Privacy Policy taking precedence with respect to the subject matter in question. Any conflict between these Terms of Use and our Terms of Service shall be resolved by the Terms of Service taking precedence with respect to the subject matter in question.

SITE CONTENT

We operate this Site to facilitate the services to be provided by appropriately licensed healthcare professionals (“Health Care Professionals”). These Health Care Professionals deliver orthopedic and/or musculoskeletal health care items and services (the “Health Services”) through our Site as independent professionals practicing within the scope of their individual licenses, certifications, education, and capabilities. While the Site is intended to serve the general public by providing general information about health care services and may facilitate the provision of the Telehealth Services by Health Care Professionals, OrthoLive does not itself provide any Health Services or medical advice and the Site is not intended to interfere with the provision of Health Services by Health Care Professionals. Content on the Site is offered to the general public as educational, is strictly informational, and should not be considered medical advice.  The Health Care Professionals are independent of OrthoLive.  The Site is intended to facilitate communication with the Health Care Professionals and is not offered as an alternative or substitute to medical services, advice, or referrals from the Health Care Professionals or other licensed physicians and healthcare providers. Use of the Site and the Health Care Services are not intended to take the place of your relationships with your regular heath care providers.  Do not use the Services for emergency medical needs.  Any potential or actual medical emergency should be handled by contacting 911 and/or seeking emergency care immediately.

Although OrthoLive attempts to ensure the accuracy and integrity of the information on the Site, it makes no representations, warranties, or guarantees as to the accuracy of the Site and its content, and as such, it is possible that the Site could include typographical or other errors, or inaccuracies, and that unauthorized additions, deletions, and/or alterations could be made to the Site by third parties. In the event that any inaccuracy arises, please inform us so that it can be corrected.

PERMISSIONS AND RESTRICTIONS FOR USE OF THIS SITE

OrthoLive hereby grants to you a limited, non-exclusive, non-transferable right to access the Site and to use the Services. Your use of the Site warrants that you will not use it for any purpose that is unlawful or prohibited by these Terms of Use. The Site is for users over the age of 18, subject to compliance with these Terms of Use and in accordance with applicable laws. By using this Site you represent that information you provide is true, accurate, and complete, to the best of your knowledge. Those choosing to access the Site outside of the United States are responsible for compliance with all local laws, including those which may apply to Content on the Site which may be prohibited locally.  Any use of this website for purposes other than to access and use the services are prohibited, including, but not limited to the following prohibited conduct:

• leasing, selling, copying, sublicensing, transferring, or assigning any information, intellectual property, goods, or services provided on the Site;
• using the Site for any illegal purpose;
• gaining unauthorized access to OrthoLive’s data or the data of other users;
• altering, modifying, adapting, reverse engineering, decompiling, disassembling, or hacking OrthoLive’s intellectual property;
• altering or modifying another website to falsely imply that it is associated with OrthoLive’s Site;
• using or exporting OrthoLive’s information, products, or services in violation of U.S. export laws and regulations;
• violating anyone else’s legal rights (for example, privacy rights) or any laws (for example, copyright laws) in the user’s jurisdiction;
• using the Site or the Services to transmit content that could be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct;
• breaching, or attempting to breach, the Site’s network or security systems;
• enabling third parties to violate the Terms of Use
• engaging in any conduct that restricts or inhibits any person from using or enjoying the Services or Health Services, or that in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type; and
• failing to ensure that all end users of the site are at least 18 years of age or older.

Unauthorized access to the Site and its Content via hacking is prohibited, as is the use of bots, spiders, scrapers, web crawlers, indexing agents, deep-links, or other such devices, mechanisms, or programs intended to do the same.

Additionally, restrictions to use of the Site include accessing or tampering with non-public areas of the Site or our systems, or the delivery of our systems, the Services, or the Health Services. You may not interfere with the access of any Site user, host, or network related to our Site, the Services, or the Health Services (e.g., sending viruses, overloading, flooding, spamming, mail-bombing) or attempt to tamper or change any Site-related software.

Any use of our Site or its Content not expressly permitted within these Terms of Use is a breach of the Terms of Use and may violate U.S. laws. OrthoLive reserves the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason.

INTELLECTUAL PROPERTY

The contents of this Site, including without limitation, text, design, graphics, images, and other content (collectively, the “Content”) are owned by or licensed to OrthoLive, its third-party vendors, and/or other third parties. The Content is protected under copyright law. Your use of the Site provides limited access to view, download, and print the Content, solely in conjunction with your permitted use. No portion of the Site should otherwise be reproduced, stored, or transmitted by any means for any purpose. Such unauthorized use will constitute violation of copyright, trademark, and other laws. Any copies of copyrighted or trademarked materials, or names obtained from our Site, should retain all copyright and proprietary notices and should not be used without permission. Use of any Content on the Site does not grant ownership rights to such Content or to the Site. You may not sell or modify Content or display Content for public or commercial use.

USER SUBMISSIONS, PHI, AND PII

Any information, material, comments, or other communication submitted to us (other than personal health information (“PHI”) as governed by our Terms of Service and our Notice of Privacy Practices) will be treated as confidential and will not otherwise be disclosed to third parties. We do not collect and store personally identifying information (“PII”) from Site users without authorization and voluntary submission by a user; any PII collected and received via form submission or email is submitted voluntarily and may be used to respond back to a user as necessary.

OrthoLive, the Site, and the performance of the Services comply with the Health Insurance Portability and Accountability Act (“HIPAA”) and the terms of OrthoLive’s Privacy Policy.  Subject to HIPAA regulations, OrthoLive will obtain express patient consent prior to sharing any patient-identifiable information to a third-party for purposes other than treatment, payment, or the Health Care Services.  Any PHI submitted via form submission or email is also submitted voluntarily and its use is governed by HIPAA and our Privacy Policy. More information regarding PII and its use on our Site and in our Services can be found in our Privacy Policy.

You agree not to provide any user information that: (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful or that could encourage criminal or unethical behavior; (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (c) contains or transmits a virus or any other harmful component.  In the event that any user information, including PII and PHI, that you submit is inaccurate, you agree to indemnify OrthoLive and the Health Care Professionals you interact with using the Site from any resulting damages, costs, or claims that arise out of your use of the Site or the provision of Health Services by the Health Care Professionals.

ACCOUNT REGISTRATION

To fully utilize the Site and the Services, you must register an Account by providing certain information.  You agree that you will not create more than one Account or create an Account for anyone other than yourself (with the exception of representatives of employers creating an Account on behalf of the employer that they represent).  You agree to provide true, accurate, current, and complete information on the Account registration form and to keep this information updated as needed.

PASSWORD SECURITY

Your password may be used only to access the Site, use the Services, electronically sign your transactions, and review your completed transactions.  You are solely responsible for maintaining the security of your password.  You should not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site.  If your password is compromised, you must change your password.

LINKS AND THIRD PARTIES

Our Site may contain links to websites owned by third parties. Such sites are provided solely as resources and as a convenience to our users. These links, and any associated content, are not intended to be an endorsement, recommendation, or referral for any website or third party, and we are not responsible, nor do we make representation for any content, information, security practices, or privacy policies for these websites and/or third parties. If you, as a user of our Site, decide to access any third-party website using links from our Site, you do so at your own risk. Site users are expected to independently assess whether information and resources from any website, including ours, will meet their needs.

TERMINATION

We may terminate your access to and use of the Site and the Services at any time and for any reason, including upon termination or expiration of our agreement with the user or the user’s employer, or upon request of the user.  You may stop using the Site or Services at any time.  Upon any termination, discontinuation or cancellation of Services, the following provisions of these Terms of Use will survive: the provisions entitled “Intellectual Property,” “Site Content,” “User Submissions, PHI and PII,” “Links and Third Parties,” “Termination,” “Disclaimers,” “Limitations on Liability,” “Indemnification,” “ “Applicable Law,” and Waiver and Severability.”

DISCLAIMERS

Use of this Site is at your own risk. We provide no warranty that our Site will operate without interruption or error or that the Site and its server are free from viruses or other harmful technologies. Any subsequent damage to your computer system, or loss of data, that results from your use of the Site falls under your assumed risk and responsibility. Further, while we aim to ensure appropriate and accurate sharing of information, we make no warranties regarding the content of the site, its quality, accuracy, truthfulness, or reliability.

The Site, its Content (inclusive of user submissions) are provided on an “as-is” and “as-available” basis without any warranties of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORTHOLIVE DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.

You acknowledge and agree that the Health Care Professionals using the Site to provide Health Services are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all such Health Services, including any advice, instructions, treatment decisions, and other professional services performed, and that all diagnoses, treatments, procedures, and other professional services will be provided and performed exclusively by or under the supervision of Health Care Professionals, in their sole discretion, as they deem appropriate.

LIMITATIONS ON LIABILITY

ORTHOLIVE SHALL NOT BE LIABLE TO ANY USER OF THE SITE, OR ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER, FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, ITS MATERIAL, OR ANY THIRD-PARTY WEBSITES LINKED TO THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT YOUR SOLE REMEDY TO ANY PROBLEM WITH THIS SITE, INCLUDING ERRORS FROM AND INACCURACIES WITHIN, IS TO CEASE USING THE SITE AND THE SERVICES PROVIDED THEREUNDER. ORTHOLIVE, ITS THIRD-PARTY TECHNOLOGY PLATFORM PROVIDER, AND ANY THIRD PARTY WHO PROMOTES THE SERVICES OR PROVIDES YOU WITH A LINK TO THE SITE, SHALL NOT BE LIABLE FOR YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTY, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ITS USE.

You acknowledge and agree that the Health Care Professionals using the Site to provide Health Services are solely responsible for, and will have complete authority, responsibility, supervision, and control over, the provision of such Health Care Services, including any advice, instructions, treatment decisions, and other professional services performed, and that all diagnoses, treatments, procedures, and other professional services will be provided and performed exclusively by or under the supervision of Health Care Professionals, in their sole discretion, as they deem appropriate.  OrthoLive, its licensors, vendors, or suppliers or any third parties who promote the Services or provide you with a link to the Services shall NOT be liable for the Health Care Services that you receive from the Health Care Professionals while using the Site.    

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD ORTHOLIVE, AND ANY SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER THIRD-PARTY PARTNERS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE SITE AND THE SERVICES. YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE.

APPLICABLE LAW

This Agreement and the resolution of any and all disputes related to this Agreement shall be construed in accordance with the laws of the State of Ohio. Any dispute between OrthoLive and You related to this Agreement shall be resolved exclusively by the state or federal courts of Hamilton County, Ohio.  Since the laws of each State or country may differ, you agree that the statutes and laws of the State of Ohio, without regard to any principles of conflicts of law, will apply to any and all matters relating to the use of the Site or the Services.

WAIVER AND SEVERABILITY

Any failure by OrthoLive to enforce any right or provision of these Terms of Use shall not constitute a waiver of such rights or provisions. Should any competent court or arbitrator find any provision herein as invalid or unenforceable, that provision will be enforced to the maximum extent permissible and any and all other provisions of these Terms of Use will remain in full force and effect.

VIOLATIONS AND FEEDBACK

Feedback regarding our Site is welcomed and can be submitted by emailing us at support@ortholive.com.

Additionally, please report any violations of these Terms of Use to OrthoLive at support@ortholive.com.