Terms of Service
Please read the following terms and conditions carefully before using the Clinical Graphics website. Clinical Graphics is owned and operated by Zimmer Biomet Holdings, Inc. (Clinical Graphics and Zimmer Biomet Holdings being collectively referred to in this notice as “Clinical Graphics”).
By continuing to use this website you acknowledge that you accept and will be bound by these Terms of Service. If you do not agree to these Terms of Service, do not continue to use this site. Our Terms of Service can be changed at any time without prior notice. Updated versions of the Terms of Service will appear on this website and are effective immediately. You are responsible for regularly reviewing the Terms of Service. Continued use of the website after any such changes constitutes your acceptance of such changes.
1. Copyright Notice
© Clinical Graphics – All materials on this site are the property of Clinical Graphics. The contents of this website are protected by copyright law and international treaties. You may not use, download, license, post, copy, upload, reproduce, print, display, publish, transmit or distribute it in any way without the prior written consent of Clinical Graphics. Unauthorized use, reproduction or distribution of this website or any portion of it may result in severe civil and criminal penalties, and may be prosecuted to the maximal extent possible under law.
2. Trademark Notice
Clinical Graphics and Move Forward™ are trademarks or registered trademarks of Clinical Graphics. Other company, product and brand names, marks, and logos on this site may be trademarks, registered trademarks and/or service marks of their respective owners. The use or misuse of any of these marks or other information is strictly prohibited.
Any software that is made available to download from this website is the copyright protected work of Clinical Graphics, unless specified otherwise. Use of the software is governed by the terms of the end-user license agreement supplied with the software by Clinical Graphics, its subsidiaries, or its partners.
4. Website License
As a user of this website, you are granted a nonexclusive, non-transferable, revocable, limited license to access and use the site and its content in accordance with these Terms of Service. Clinical Graphics may terminate this license at any time for any reason. You, as the licensee, are solely responsible for the proper use of the website.
5. Posting Patient Information
By uploading or entering x-rays, MRI images, other files or any other content (“Patient Content”) to the website, you represent and agree that: you and the patient grants us with the irrevocable, world-wide, fully paid up and royalty free license to any and all rights that you may have to use Patient Content to develop our products for an individual patient on your behalf and for our other legitimate business, research, and development purposes.
If you upload or post patient information (for example, health or treatment information including x-rays or medical images that relate to an individual) to one of our websites (for example, if you are a healthcare professional, hospital, medical scanning facility or similar health care provider or one of their representatives that is a Clinical Graphics customer or acting on behalf of a Clinical Graphics customer), please note that you are responsible for obtaining any consent required under applicable laws from the relevant individual before uploading or posting the information. In addition, you are responsible for complying with all applicable privacy laws.
You are solely responsible to ensure that the Patient Content necessary for Clinical Graphics to make or manage any of its products and services, is accurate, complete, and fit for the development of Clinical Graphics products for a particular patient. You acknowledge that we will rely on the information uploaded by you to develop or manage our products and services. You acknowledge that Zimmer has no obligation to verify Patient Content provided by you.
No identifying patient contact information (e.g., name, address, email address, or telephone number) should be sent to Clinical Graphics including in image submissions unless specifically requested by us.
6. Other Limitations on Use
You may use the website for lawful purposes only. You may not use the website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the website. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the website or the content or use this website for any unlawful activity. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic or manual device or process to monitor or copy the website or the content without Clinical Graphics' prior written permission. You may not print, download, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes any portion of the website except to the extent permitted above. You may not use or otherwise export or re-export the website or any portion thereof, the content or any software available on or through the website in violation of the applicable export control laws and regulations. Any unauthorized use of the website or the content is prohibited, can be investigated by Clinical Graphics, and can result in enforcement actions and other legal consequences against you.
The website and all information, software, documentation, materials, services, publications, and content is provided on an “as-is” basis. Clinical Graphics expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. Clinical Graphics disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to: (A) any errors in or omissions from this website and the content, including but not limited to technical inaccuracies and typographical errors; (B) any third-party websites or content therein directly or indirectly accessed through links in this website, including but not limited to any errors in or omissions therefrom; (C) the unavailability of the website or any portion thereof; (D) your use of this website; or (E) your use of any equipment or software in connection with the website
8. Not Professional Advice
The website and its contents do not constitute medical, legal, or any other type of professional advice. Please consult with your physician or other healthcare professional for medical advice. The accuracy, completeness, adequacy or currency of the website or the content is not warranted or guaranteed. Your use of the content, the website, or materials linked from the website is at your own risk; you are ultimately responsible for choosing how to use the information and products provided to you by Clinical Graphics.
DO NOT USE THE WEBSITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL THE APPROPRIATE EMERGENCY MEDICAL PROFESSIONAL. THE INFORMATION PROVIDED ON THE WEBSITE AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH THE WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE. YOUR USE OF INFORMATION PROVIDED ON THE WEBSITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE WEBSITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
9. Information Security
Clinical Graphics has put in place safeguards to protect your Personal Information from loss, misuse, alteration, theft, unauthorized access, or unauthorized disclosure. However, as is the case with all websites, we unfortunately are not able to guarantee security for data collected through our websites. In order to analyze your image data, Clinical Graphics will store it for a minimum period of 30 days. After the 30 day period no guarantee is given that the image data is still available for (re-)processing. PDF reports are available through the online platform for a period of at least 12 months.
Certain sections of the website require you to register in order to receive information about products, services, systems, programs, and other information relating to Clinical Graphics. If registration is requested, you agree to supply Clinical Graphics with accurate and complete registration information. You are responsible for maintaining the confidentiality of your account login credentials and/or password, as well as all uses of your account, whether or not actually or expressly authorized by you. Clinical Graphics reserves the right to refuse registrations or subscriptions.
11. Website Availability
While Clinical Graphics will undertake reasonable efforts to ensure the availability and functionality of the website, you acknowledge and agree that the Clinical Graphics website may not be fully functional or unavailable at certain times. Clinical Graphics has no liability to you in the event the website is unavailable
12. Limitation of Liability
While Clinical Graphics strives to provide accurate and up-to-date information on its website, Clinical Graphics assumes no liability or responsibility for any inaccuracies, errors or omissions in the content of this site. Moreover, Clinical Graphics does not represent or warrant that the website will at all times be error-free, free of viruses or other harmful components, or that defects will be corrected or that use of the website will be available or fully functional. Use of the website, the information and the software contained in it, is at your own discretion and risk. In no event shall Clinical Graphics be liable for direct, indirect, special, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use this website, or from use of software, services or information available from this website. Medical and health care providers should exercise their own independent clinical judgement. Users of our website should always consult with medical and health care providers and inform them on the terms and conditions as set forth here. No suggested test or procedure should be carried out unless, in the provider's judgement, its use is justified. Discussions, views, and recommendations as to medical or health care procedures, methods, products and services are the responsibility of the authors, not Clinical Graphics.
13. Remedies for Violations
Clinical Graphics reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including but not limited to the right to block access from a particular Internet address to the Clinical Graphic's websites and their features. We may terminate or suspend your registration immediately if there has been a violation of these Terms of Service.
15. Links to and content of other sites
This website may contain links to other sites. Clinical Graphics assumes no responsibility or liability for the material on any site which is linked from Clinical Graphics’ website. Clinical Graphics is not responsible for the privacy practices of third-party sites or for the content of their privacy policies. Links to other sites are provided only as a convenience to users of our website.
You hereby agree to indemnify and hold Clinical Graphics, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising out of or in connection with your use of or inability to use the website or its content, products or services.
17. Severability of Provisions
These Terms of Service incorporate by reference any notices contained on the website and the Data Policy. These Terms of Service constitute the entire agreement between you and Clinical Graphics with respect to access to, and use of, the website. If any provision of these Terms of Service is unlawful, void or unenforceable, or conflicts with any other provision of the Terms of Service then the unlawful, void, unenforceable or conflicting provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
18. Applicable law
All matters related to your access and use of this website shall be governed by Dutch law. You and Clinical Graphics agree to submit to the exclusive jurisdiction of the Dutch courts.
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