Website Terms of Use

This website, available at www.lanx.com (the "Website"), is owned and provided by Lanx, Inc. (including its affiliates) ("Lanx"), and your use and access thereof is governed by and subject to the following terms and conditions. BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT AGREE WITH OUR PRIVACY POLICY, PLEASE DO NOT USE THIS WEBSITE OR ANY SERVICES OFFERED BY THIS WEBSITE.

United States Only. Unless otherwise specified, the materials in this Website are presented solely for the purpose of promoting products or programs available in the United States, its territories, possessions, and protectorates. We make no representation that materials in the site are appropriate or available for use in other locations. If you access the site from locations other than the United States, you are responsible for compliance with any applicable local laws. You acknowledge and agree that certain products or services available at the Website may be subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that you will not use the Website to acquire any product or service accessible via the Website, for the purpose of shipping, transferring, or re-exporting, directly or indirectly, to any proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Intellectual Property Ownership. Unless otherwise noted, all text, content and documents on this Website, any names, logos, service marks, and trademarks appearing in this Website, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other intellectual property including the organization, design, compilation, look and feel, illustrations, artwork, videos, music, software or other works or materials of the ("Content"), are owned by Lanx and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the "Copyright Holder") and are protected under copyright, trademark and other intellectual property and proprietary rights laws. This includes the entire Content of the Website, trademarked and protected as a collective work (collectively with the Content, hereinafter referred to as the "Materials"). As between Lanx and you, all right, title and interest in and to the Materials will at all times remain with Lanx and/or its Copyright Holders.

Restrictions on Use. The use or misuse of any Content , except as provided in these Terms of Use or in the site content, is strictly prohibited. Lanx grants you a non-exclusive, limited, personal, non-transferable, revocable, right and license, without right to sublicense, to access and use the Materials on the following conditions: (a) you may not distribute text or graphics to others without our express written consent, (b) you may not, without our permission, copy and retransmit, disseminate, broadcast or circulate or otherwise distribute this information on any other server, or modify or re-use all or part of the Materials on this system or another system, (c) your use of the Website is limited to commercial use only unless other uses are granted expressly to you, (d) you may not copy, distribute, modify, transmit, reuse, re-post, or otherwise display the Content for public or commercial purposes without Lanx's prior written permission for such use of Content, (e) you agree you will not create derivative works from or commercially exploit the Materials, in whole or in part, in any way, (f) you shall not use the Website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Lanx, the Copyright Holder, or any third party referenced therein, (g) you shall use the Materials, and/or any services and products on the Website or accessible via the Website for lawful purposes only, and (h) you shall not publicly display, perform, or distribute the Materials, either in whole or in part, and shall not modify, translate, alter or create any derivative works thereof. We reserve all other rights. You do not acquire ownership rights to any Materials viewed or accessed through the Website and Lanx's posting of any Materials on the Website does not constitute a waiver of any right in such Materials. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in any Materials on the Website. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under Lanx's and/or its Copyright Holder's intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, LANX MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY ACCESS AND USE AUTHORIZATIONS AND/OR PRIVILEGES GRANTED TO ANY USERS OF THE WEBSITE AT ANY TIME AND WITHOUT PRIOR NOTICE, INCLUDING WITHOUT LIMITATION BLOCKING THE IP ADDRESS OF ANY USER OF THE WEBSITE.

Disclaimers. WITHOUT LIMITING THE FOREGOING, THE MATERIALS, CONTENT AND EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE, CONTENT AND/OR THE MATERIALS, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE AND NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN LANX HEREBY GRANTS THE MINIMUM EXPRESS AND IMPLIED WARRANTIES REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LANX, ITS EMPLOYEES, AGENTS, SUPPLIERS, LICENSOR(S) OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, LANX DOES NOT WARRANT THAT THIS WEBSITE OR THE SERVERS MAKING THE WEBSITE AVAILABLE ARE VIRUS FREE. NOR DOES LANX WARRANT THAT THE FUNCTIONS CONTAINED IN THESE MATERIALS WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, THAT YOUR USE OF THE SAME WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND/OR THAT DEFECTS WILL BE CORRECTED. LANX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITE, CONTENT, MATERIALS, OR ANY PORTION THEREOF, IN TERMS OF THE CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, OF SUCH WEBSITE, CONTENT, MATERIALS, INCLUDING ANY TYPOGRAPHICAL ERRORS, FALSE STATEMENTS OR OMISSIONS THAT MAY BE CONTAINED THEREIN. LANX RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE CONTENT OR MATERIALS WITHIN THE WEBSITE OR ANY PART THEREOF WITHOUT NOTICE.

Limitation of Liability. YOUR USE OF THE WEBSITE IS AT YOUR RISK. NEITHER LANX, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT, MATERIALS OR OTHER INFORMATION AVAILABLE ON THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF LANX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THIS WEBSITE OR ITS TERMS OF USE OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THIS WEBSITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST LANX AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE AND ANY CONTENT, MATERIALS, AND/OR INFORMATION AVAILABLE THEREON. WITHOUT LIMITING THE FOREGOING, LANX SHALL HAVE NO LIABILITY (A) FOR ANY INACCESSIBILITY OF, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE WEBSITE, THE CONTENT AND/OR THE MATERIALS OR ANY INFORMATION OR SERVICES THEREUNDER, OR (B) WITH RESPECT TO ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ON OR THROUGH THE WEBSITE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE, THE CONTENT AND/OR THE MATERIALS, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATION AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDY SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LANX AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.)

Links. This Website may contain links allowing you to leave this Website for other sites that are not under our control ("Linked Site"). Lanx provides the Linked Sites to you only as a convenience and does not endorse any such Linked Sites. We are not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites are error and virus free. Nor are we responsible for the terms of use or privacy practices of such sites. Your linking to any off-site pages or other sites is entirely at your own risk.

Lanx Online Privacy Policy. Our online Privacy Policy is incorporated herein by reference and forms apart of these Terms of Use. Please read and understand our Privacy Policy before accessing or using the Website.

Choice of Law and Enforcement. Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Colorado other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.

No Framing; Links. Notwithstanding anything herein to the contrary, you agree not to frame the Website or take other action that alters the visual presentation of the Website. You also agree not to link to the Website without prior written approval from Lanx.

Trademarks. Lanx, Surgeon Driven Innovation, Aspen, Breckenridge, BioLanx, Descent, Fortis, Silverton, Silverton-D, Snowcap, Snowmass, Telluride, Vail and other associated designs and logos are trademarks of Lanx. Allosponge and AlloFuse are trademarks of AlloSource, Corporation. PEEK-OPTIMA is a trademark of Invibio Limited Corporation. All other products, names or other trademarks or service marks appearing on the Website are the property of their respective owners. Nothing contained in the Website, these Terms of Use or the Privacy Policy shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark displayed on the Website without prior written permission of Lanx and/or the respective owners.

Indemnity. You hereby agree to defend, indemnify and hold harmless Lanx, its owners, parents, subsidiaries, affiliates, and/or licensors, and its and their respective officers, directors, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) the use, distribution, and/or copying of any Submission or any derivative work thereof, either on the Website, Lanx's systems, networks, and/or servers, or in any other media whatsoever; (ii) any other claim, damage, obligation, loss or liability related to or arising from your use of and access to the Website; (iii) your violation of any term of these Terms of Use; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (v) any claim that your Submission caused damage to a third party, including but not limited to any claim of defamation, right of publicity, unfair competition, or allegation of obscenity related to your Submission. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lanx without restriction.

Notice. Lanx reserves the right to amend these Terms of Service at any time. Your continued use of the Website following such amendment will signify and be deemed your assent to and acceptance of the revised Terms of Use.

Miscellaneous. Lanx's failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Website and its contents are not directed at children under the age of 13 and no children under the age of 13 should submit any personal information. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.