Hogue Surgical Terms Of Use - Hogue Surgical

Hogue Surgical Terms of Use

This website is owned and operated by Hogue Surgical, LLC, hereafter referred to as Hogue Surgical. If you have any questions regarding the Hogue Surgical Website or the WEBSITE TERMS OF USE, please contact Hogue Surgical at: webmaster@hoguesurgical.com.

Please read these WEBSITE TERMS OF USE carefully before using or accessing any pages of this website, including the link to our RMA Portal website at: http://hoguesurgical.returnsportal.net. By using or accessing this website or our RMA Portal website (collectively, the "Sites"), you acknowledge and consent to the terms and conditions of use that are set forth below and the collection of your information under the terms of our PRIVACY POLICY. Use of this website indicates you acknowledge that you have read and understood these Terms and the PRIVACY POLICY.

You acknowledge that these Terms have the same force and effect as a signed agreement. If you do not agree to these WEBSITE TERMS OF USE, then please do not use this website. Hogue Surgical can revise its WEBSITE TERMS OF USE at any time by updating this posting, and your use after such change signifies your acceptance of the changed Terms. Please check these WEBSITE TERMS OF USE periodically for changes.

Limited License

You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites. As a condition of your use of the Sites, you warrant that your will not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the sites.

Content

In connection with viewing and using this website, you are not permitted to copy, distribute, exploit, or otherwise use any of the contents for any commercial purpose without the prior, express, written consent of Hogue Surgical. All rights that are not expressly granted herein are reserved. Downloading of any content, images, or information from this website does not transfer any right or ownership of the content, images, or information to you. The content, images, and information from this website may be used solely in accordance with these Terms of Use.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. Our content is not for resale. Your use of the Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.

Third Party and Website Links

This website may contain hyperlinks to third‐party websites that are the sole responsibility of those independent third parties, and your use of them is solely at your own risk. Hogue Surgical has no control over the content or policies of any third‐party websites. Hogue Surgical is not responsible for, nor liable for, the contents, accuracy, or reliability of any websites that are hyperlinked with this website. If you choose to access information from this website, including any information that is obtained through any hyperlink, then you are solely responsible for your compliance with applicable laws and requirements. If you want to link to this website, please contact webmaster@hoguesurgical.com beforehand, so that your request may be considered. Written approval by Hogue Surgical is required before any links to this website are allowed. Hogue Surgical does not allow the unauthorized use of its logos, graphics, or trademarks to create website links. Text links are permitted with written approval from Hogue Surgical, and must be made to the website home page at www.hoguesurgical.com, rather than to any other specific pages within the website, unless prior written approval has been provided by Hogue Surgical.

Indemnification

You agree to indemnify, defend and hold harmless Hogue Surgical and its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Sites or your violation of these Terms.

Electronic Communications

Visiting the Sites or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Sites, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.

Warranty and Limitation of Liability

HOGUE SURGICAL, LLC AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES EXCEPT AS SPECIFICALLY PROVIDED ON THE SITES. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITES AND RELATED INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HOGUE SURGICAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Governing Law, Venue and Jurisdiction

These Terms shall be treated as though they were executed and performed in Minnesota, and shall be governed by the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the Sites or under these Terms of Use, the Privacy Policy, and any legal notices on the Sites must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.