User-Submitted Content
The Site may include features that allow you to post, upload, submit, or otherwise provide content and materials for display on or through the Site. By accessing or using any such features, you represent and agree that:
You are the owner of any content or materials you post or submit, or you have obtained the express permission of the owner to post or submit such content or materials;
You have obtained the express consent of any person who is pictured or otherwise identifiable in any content or materials you post or submit;
You are at least sixteen (16) years of age;
The content and materials you post or submit will not violate the rights of, or cause injury or harm to, any person or entity; and
You will indemnify, defend, and hold harmless Novaforge Medical, Inc., its parents, subsidiaries, affiliates, employees, officers, directors, and agents (collectively, the “Novaforge Medical Indemnitees”) from and against any liability, claim, loss, damage, cost, or expense of any nature arising out of or relating to any content or materials displayed on or submitted through the Site by you.
You also grant Novaforge Medical a license to use the content and materials you post or submit through such features, as further described in the Intellectual Property section below.
Responsibility for User Content
You are solely responsible for any content or materials that you post, upload, submit, transmit, or otherwise provide through the Site. Novaforge Medical does not control the messages, information, files, or other materials that you or other users may transmit, post, or otherwise provide through the Site.
You acknowledge and understand that Novaforge Medical has no obligation to monitor content posted or submitted by users. However, we reserve the right, at our sole discretion and without prior notice, to review, screen, edit, move, delete, disable access to, or refuse to accept any content or materials that we determine violate these Terms of Use or are otherwise objectionable, inappropriate, or unacceptable for any legal or other reason.
You acknowledge and agree that Novaforge Medical may preserve content and materials submitted by you and may disclose such content and materials when required by law or when, in our reasonable business judgment, such preservation or disclosure is necessary or appropriate to:
(a) comply with legal process or governmental requests;
(b) enforce or administer these Terms of Use;
(c) respond to claims that any content or materials submitted by you violate the rights of third parties; or
(d) protect the rights, property, or personal safety of the Site, Novaforge Medical, its affiliates, officers, directors, employees, representatives, licensors, other users, or the public.
Warranty Disclaimer and Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVAFORGE MEDICAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, AS WELL AS ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
Novaforge Medical makes no warranty or representation that:
The Site will meet your requirements or expectations;
The Site will be available on an uninterrupted, timely, secure, or error-free basis;
The results obtained from the use of the Site or any services offered through the Site will be accurate, complete, reliable, or current;
The quality of any products, services, information, or other materials obtained by you through the Site will meet your expectations; or
Products available through the Site do not or will not infringe the intellectual property rights of any third party.
Novaforge Medical disclaims any and all liability arising from or relating to product misuse, improper product selection, improper installation, unauthorized product modification, improper repair, improper maintenance, or misapplication of any product.
Downloads and Information
Any content, materials, or information downloaded or otherwise obtained through your use of the Site, including, without limitation, the TechBench newsletter, articles, blogs, and other informational materials, is accessed and used at your own discretion and risk.
Novaforge Medical shall not be responsible or liable for any damage to your computer system, device, network, or other equipment, or for any loss of data, resulting from your use of the Site or from downloading or otherwise obtaining content, materials, or information from the Site.
No advice or information, whether oral or written, obtained by you from Novaforge Medical or through the Site, including information contained in the TechBench newsletter, articles, blogs, or similar materials, shall create any warranty or representation not expressly stated in these Terms of Use.
Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVAFORGE MEDICAL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE, EVEN IF NOVAFORGE MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This limitation of liability includes, without limitation, damages arising from the transmission of disabling devices, malware, or viruses that may infect your equipment; failure of mechanical or electronic equipment or communication lines; telephone or telecommunications failures; unauthorized access; theft; bodily injury; property damage; operator errors; or other technical failures.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVAFORGE MEDICAL’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY PRODUCT, SERVICE, OR TRANSACTION SHALL NOT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
Internet Security and Site Availability
You acknowledge that the Internet is inherently insecure and that no transmission or storage system can be guaranteed to be completely secure.
To the maximum extent permitted by applicable law, Novaforge Medical disclaims any and all liability arising out of or relating to any damage to your computer, device, network, or data resulting from a security breach, virus, malware, bug, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, telecommunications failure, or any other technical malfunction.
You should be aware that information submitted by email over the Internet may not be secure. You should carefully consider this before sending confidential or sensitive information to Novaforge Medical by email.
Novaforge Medical makes no representation or warranty regarding the suitability, functionality, availability, reliability, or operation of the Site. The Site may become unavailable from time to time due to maintenance, technical issues, malfunction of computer equipment, telecommunications failures, or other circumstances.
Intellectual Property
Unless otherwise indicated, all trademarks, service marks, logos, trade names, and other brand identifiers displayed on the Site are the registered or unregistered trademarks of Novaforge Medical, its affiliates or subsidiaries, third parties whose products are sold through the Site, or third parties that have licensed their trademarks to Novaforge Medical or its affiliates or subsidiaries.
In addition, all content and materials contained on or made available through the Site, including, without limitation, text, software, music, sound, photographs, images, video, graphics, designs, articles, product information, and other materials (collectively, “IP Content”), are protected by copyright, trademark, patent, trade secret, or other intellectual property and proprietary rights and laws.
Except as expressly authorized by Novaforge Medical, the applicable third-party owner, or the applicable licensor, you may not use any IP Content except as expressly permitted by these Terms of Use.
Nothing contained in these Terms of Use transfers to you any right, title, or interest in the Site or any IP Content.
Permitted Use
You may download, view, copy, and print IP Content solely for personal, informational, or internal business purposes, provided that:
The IP Content is not used for any unauthorized commercial purpose;
All copyright, trademark, and other proprietary notices remain intact and appear on all copies;
The copyright notice and other applicable notices displayed with the IP Content are retained; and
The IP Content is not modified, altered, adapted, or otherwise changed in any manner.
Except as expressly permitted above, you may not, without Novaforge Medical’s prior written permission:
Use, download, upload, copy, or reproduce IP Content;
Print, display, perform, publish, or distribute IP Content;
License, sell, transfer, or otherwise commercially exploit IP Content;
Post or transmit IP Content on or through any other website or platform;
Frame or mirror the Site or any portion thereof;
Use meta tags or other hidden text incorporating Novaforge Medical’s trademarks or other intellectual property;
Inline or otherwise reproduce graphics from the Site; or
Create derivative works based on the Site or any IP Content.
Any rights not expressly granted under these Terms of Use are reserved by Novaforge Medical and its licensors.
License to Submitted Materials
If you post, upload, submit, or otherwise provide any materials to the Site or to Novaforge Medical, including, without limitation, blog comments, testimonials, reviews, photographs, suggestions, ideas, or other content, you hereby grant Novaforge Medical and its authorized users a perpetual, worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, display, archive, publish, perform, distribute, transmit, broadcast, stream, disclose, translate, create derivative works from, and otherwise exploit such materials, in whole or in part, in any form, media, format, or technology now known or later developed.
This license may be exercised for any lawful purpose, including, without limitation, developing, manufacturing, promoting, advertising, and marketing products and services.
You represent and warrant that you have all rights necessary to grant the foregoing license and that the materials you submit do not violate the rights of any third party.
Indemnification
You agree to defend, indemnify, and hold harmless Novaforge Medical, Inc. and its parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, licensors, and service providers (collectively, the “Novaforge Medical Indemnitees”) from and against any and all losses, liabilities, claims, demands, damages, judgments, fines, penalties, costs, expenses, and reasonable attorneys’ fees arising out of or relating to:
Your use of or access to the Site;
Your violation of these Terms of Use;
Any content or materials submitted, posted, or transmitted by you;
Your violation of any rights of another person or entity; or
Your sale, transport, possession, installation, repair, use, misuse, modification, or handling of any products purchased through the Site, including any failure to comply with applicable laws, codes, regulations, restrictions, or limitations relating to the use or possession of such products.
The obligations, indemnities, representations, and covenants contained in this section shall survive the completion, cancellation, expiration, or termination of any transaction or your use of the Site.
Contacting Novaforge Medical
If you have any questions, concerns, or comments regarding these Terms of Use, please contact Novaforge Medical at:
Email: Info@novaforgemedical.com
Mail:
Novaforge Medical
Attn: Privacy Policy
30 N Gould St
Sheridan, WY 82801
USA
Miscellaneous
1. Force Majeure
Novaforge Medical shall not be liable for any delay or failure in product delivery resulting in whole or in part from any event or circumstance beyond its reasonable control, including, without limitation, acts of God, labor disruptions, strikes, acts of war, acts of terrorism, whether actual or threatened, governmental orders or controls, insurrections, epidemics, pandemics, quarantines, shortages, communication or power failures, fire, accidents, explosions, inability to procure or ship products, inability to obtain required permits or licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance beyond Novaforge Medical’s reasonable control.
2. Assignment
You may not assign, transfer, delegate, or otherwise convey any purchase order placed through the Site, or any interest therein, without the prior written consent of Novaforge Medical. Any actual or attempted assignment or transfer without such consent may, at Novaforge Medical’s option, result in cancellation of the applicable order upon notice to you.
3. No Third-Party Beneficiaries
These Terms of Use are intended solely for the benefit of the parties hereto and do not confer any rights, benefits, or claims upon any person or entity that is not a party to these Terms of Use, except as expressly provided herein.
4. Waiver
The failure of either party to assert any right under these Terms of Use or to insist upon strict compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent non-performance or violation of such term or condition.
5. Severability
If any provision of these Terms of Use is determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall remain valid and fully enforceable to the fullest extent permitted by law.