Arvis Press Kit

ARVIS Electronic Press Kit Terms of Use:

These Terms of Use is an agreement between you and Encore Medical, L.P. d/b/a Enovis Surgical (“Enovis”) and contain the terms relating to your use of the ARVIS Electronic Press Kit. If you do not agree to these Terms of Use, please do not request, or use the ARVIS Electronic Press Kit.

License

If Enovis Surgical approves your use of the ARVIS Electronic Press Kit, then Enovis Surgical hereby authorizes and grants you a free of charge, non-exclusive, revocable, non-transferrable, non-sublicensable and limited license to access, use and display the images, videos, fact sheets, communication templates, trademarks of Enovis Surgical, and other content that are included by Enovis Surgical, from time to time, as part of the ARVIS Electronic Press Kit. Enovis Surgical may terminate this license at any time for any reason by notice to you.  In the event you are provided a link to the ARVIS Electronic Press Kit that you access via the Internet, and such ARVIS Electronic Press Kit is modified in any way, this license shall continue to apply to the ARVIS Electronic Press Kit as so modified.  The use of the ARVIS Electronic Press Kit does not create, alter, or modify any agreement you may currently have, or had in the past, with Enovis Surgical or any of its affiliates.

Reservation of Rights

You agree that all materials contained in the ARVIS Electronic Press Kit are owned by Enovis Surgical.  Except for the limited license described above, Enovis Surgical does not grant you any express or implied rights of any kind, including in any intellectual property, whether formally protected or not. 

Patents and Trade Secrets:  Enovis Surgical does not grant any express or implied rights to you with regard to any patent(s) or trade secret information belonging to Enovis Surgical or its affiliates, regardless of whether it is registered or not, or whether it is formally filed or not in the USPTO or any other national intellectual property office.

Enovis Surgical trademarks or copyrights: All trademarks, service marks, and trade names belonging to Enovis Surgical or its affiliates and are used in the ASTRA™ Arvis® Electronic Press Kit are owned by Enovis Surgical or its affiliates and are protected under U.S. and international trademark and other intellectual property laws.  Any use of the ASTRA™ Arvis® Electronic Press Kit or its content that is not expressly permitted by these Terms of Use, is a breach of these Terms of Use.  All rights not expressly granted to you in these Terms of Use are reserved by Enovis Surgical.

Modification of ARVIS Electronic Press Kit

You shall not modify any materials in the ASTRA™ Arvis® Electronic Press Kit, except with respect to the template documents provided therein which expressly require modification in order for use. Any use of the ASTRA™ Arvis® Electronic Press Kit for purposes other than those stated in these Terms of Use, without the prior written consent of Enovis Surgical, is prohibited.

Acceptable Use

Acceptable and approved use of the ASTRA™ Arvis® Electronic Press Kit and the individual materials provided therein is solely for the purpose of your own education.  The main purpose of the materials is to provide you with truthful and accurate information to provide to patients and other healthcare professionals who may refer patients to your practice.  The information provided in the ASTRA™ Arvis® Electronic Press Kit should never be used in any way that is misleading or deceptive to any patient or potential patient.  You shall not use any part of the ASTRA™ Arvis® Electronic Press Kit to promote products of any other company, to promote Enovis Surgical’s products for any use that is inconsistent with the indications for use approved or cleared by the U.S. Food and Drug Administration (FDA) or other applicable regulatory agency (e.g. “off-label” communication), or in any way that is disparaging to Enovis Surgical or its products.  The contents included in the ASTRA™ Arvis® Electronic Press Kit are not intended as or substitute for any medical advice, and you shall be solely responsible for any clinical or medical treatment, diagnostic and/or billing decision or service.  The provision of the ASTRA™ Arvis® Electronic Press Kit does not constitute an offer of or solicitation for the purchase of Enovis Surgical’s products or services.

Third Party Sites

For your convenience, the ASTRA™ Arvis® Electronic Press Kit may include links to third-party web sites not controlled, operated, endorsed, recommended, or in any way affiliated with Enovis Surgical. Enovis Surgical makes no warranty as to the accuracy, completeness, or reliability of the information provided on those third-party websites, and Enovis Surgical is not liable for any damages or injury arising from your access to said third-party websites.

Termination

In the event your license above to the ASTRA™ Arvis® Electronic Press Kit is terminated by Enovis Surgical with notice to you, you must immediately cease using any part of the ASTRA™ Arvis® Electronic Press Kit, including removing any and all content from all media and mediums, print or otherwise.  Enovis Surgical may modify or discontinue the ASTRA™ Arvis® Electronic Press Kit in whole or in part at any time.  You may terminate your license and right to use the ASTRA™ Arvis® Electronic Press Kit by sending written notice to Enovis Surgical at the e-mail or address indicated further below and ceasing all use of the ASTRA™ Arvis® Electronic Press Kit, including removing any and all content from all media and mediums, print or otherwise. 

Disclaimer

THE ASTRA™ ARVIS® ELECTRONIC PRESS KIT AND ITS CONTENTS ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ENOVIS SURGICAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Applicable Law

You agree that these Terms of Use and any legal action or proceeding relating to the ASTRA™ Arvis® Electronic Press Kit shall be governed by the laws of the State of Texas without reference to its choice of law rules and without regard to conflicts of laws principles. 

Limitation of Liability

IN NO EVENT WILL ENOVIS SURGICAL BE LIABLE TO YOU IN CONNECTION WITH OR RELATED TO THE ASTRA™ ARVIS® ELECTRONIC PRESS KIT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT ENOVIS SURGICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU AGREE THAT THE AGGREGATE LIABILITY OF ENOVIS SURGICAL TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO YOUR USE OF THE ASTRA™ ARVIS® ELECTRONIC PRESS KIT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS. 

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ENOVIS SURGICAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR OTHER REPRESENTATIVES FROM ANY AND ALL THIRD-PARTY CLAIMS, DAMAGES, LOSSES, AND COSTS, INCLUDING REASONABLE ATTORNEY FEES’, ARISING FROM OR RELATING TO YOUR USE OF THE ASTRA™ Arvis® ELECTRONIC PRESS KIT.

Notices

All notices to you relating to these Terms of Use may be sent to you at the address or e-mail address provided by you above at the time of your request for the ASTRA™ Arvis® Electronic Press Kit.  Notices from you to Enovis Surgical relating to these Terms of Use should be sent to Enovis Surgical via e-mail at surgical.marketing@djoglobal.com or by mail to Encore Medical, L.P. d/b/a Enovis Surgical, 9800 Metric Blvd., Austin, Texas 78758.

Entire Agreement

These Terms of Use contain the entire agreement between you and Enovis Surgical relating to the subject matter above and may not be modified except by a signed written agreement between you and Enovis.  If you are acting on behalf of a legal entity, then you represent that you have authority to contractually bind such legal entity to these Terms of Use, and you and such legal entity agree to be bound by these Terms of Use.