Terms of Use

Terms of Use

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of surgeoncheck.com (this “site”), including any content, functionality, and services offered on or through this site.  These Terms of Use cover SurgeonCheck LLC and its subsidiaries, which from this point forward are collectively referred to as “SurgeonCheck,” “we,” “us” or “our.”

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO ACCESS THIS SITE.  BY USING THIS SITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT SURGEONCHECK.COM/PRIVACY-POLICY, INCORPORATED HEREIN BY REFERENCE, WITHOUT LIMITATION OR QUALIFICATION.  IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THIS SITE.  IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.  IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE PROHIBITED FROM USING THIS SITE.

You may not access this site if you are a direct competitor of SurgeonCheck, except with our prior written consent.  In addition, you may not access this site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

Additional terms and conditions may appear in non-disclosure agreements, consulting agreements, licensing agreements, software-as-a-service agreements, or other such similar documents entered into with you.  Any such additional terms and conditions are incorporated into these Terms of Use by reference and are legally binding.  These Terms of Use apply to all users of this site.

Changes to these Terms of Use

The effective date of these Terms of Use is April 6, 2020.  The Terms of Use will be reviewed at least annually, and updated in accordance with evolving practices and requirements.  We reserve the right to change our Terms of Use from time to time and will update this page accordingly.  Please review our Terms of Use as often as possible.  Your continued use of this site will be deemed acceptance of any such changes to the Terms of Use, and they shall be binding upon you.

Minimum Age Requirement

Unless otherwise indicated in these Terms of Use, this site or any contents or services are not intended or designed to be used by children under the age of 13.  You may not use this site or its contents or services if you are under the age of 13.  If you are between 13 and the age of majority in your state and otherwise not emancipated, a parent and/or guardian must agree to these Terms of Use on your behalf.

Use of Site

This site is owned and operated by SurgeonCheck.  You will be able to access this site without having to register any details with us.  Any material you send or post to this site shall be considered non-proprietary and non-confidential.

Our site, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions, and all other material provided and the collection and compilation and assembly thereof are the exclusive property of SurgeonCheck, and are protected by U.S. and international copyright laws.

The contents of this site may be used for informational purposes only.  Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display, or performance of the contents without our prior written consent is expressly forbidden.

Any other trademarks or service marks appearing anywhere on this site are the property of their respective owners.  To the extent any product name or logo does not appear with a trademark (™ or ®), it does not constitute a waiver of any and all intellectual property rights that SurgeonCheck or its businesses has established in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this site for commercial profit or gain.  Nothing in these Terms of Use or on this site shall be construed as conferring any intellectual property or other proprietary rights to you.  You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity.  We hold all rights to the content on this site and we reserve all rights, title, and interest in and to the content on this site, including all related intellectual property rights.

As a condition of your use of this site, you will not use this site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our site is being used, or prohibited by these Terms of Use.  You may not use the site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of this site, or any contents or services.  You may not attempt to gain access to any portion of this site, or any of its contents or services, other than those for which you are authorized.

While every effort is made to ensure the timeliness and accuracy of the site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness, or usefulness, of any of the results obtained from its use.

We make no representation or warranty, express or implied, with respect to the content of this site, or links to other websites including, but not limited to, accurateness, completeness, correctness, timeliness, or reliability.  We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this site, or the results to be obtained from using this site.  We make no representation or warranty that this site or content is free from defects or viruses.  Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.

While every effort is made to ensure that all content provided on this site does not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer and you should ensure that you have a complete and current backup of the applicable items on your computer.  We disclaim any liability for the need for services or replacing equipment or data resulting from your use of this site.  While every effort is made to ensure smooth and continuous operation, we do not warrant this site will operate error-free.

Site Uptime

We take all reasonable steps to ensure that our site is available 24 hours every day, 365 days per year.  However, websites do sometimes encounter downtime due to server and other technical issues.  Therefore, we will not be liable if this site is unavailable at any time.

This site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control.  Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.

User Conduct

When using this site, you shall not post or send to or from this site (a) content for which you have not obtained all necessary consents, (b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where this site is being used, or (c) content that is harmful in nature including, but not limited to, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

You shall not use this site while distracted or preoccupied, such as when operating a motor vehicle.  You should access this site only with due regard for your own safety and the safety of others.

Links to and from Third-Party Websites

Any links furnished on this site may allow you to leave this site.  These third-party websites are not under our control and we disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked website(s) or any changes or updates to any of these websites.  We further disclaim any responsibility for any form of transmission received from any linked third-party website or advertising.  If we provide these links to you, it is done simply as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the website(s).  Additionally, SurgeonCheck did not produce and is not responsible for the content of third-party resources.

If you would like to link to this site, you may only do so on the basis that you link to, but do not replicate, any page of this site, and subject to the following conditions:

  • you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
  • you do not misrepresent your relationship with us or present any false information about us;
  • you do not link from a website that is not owned by you; and
  • your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person, or does not comply in any way with the law of the United States of America.

If you choose to link this site in breach of this section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimers

All information on this site is of a general nature and is furnished for your knowledge and understanding and as an informational resource only.  The documents and any related graphics published on this site could include technical inaccuracies or typographical errors.  Changes are periodically added to the information contained on this site.  We may make improvements and/or changes to any of the products depicted or described herein at any time.  We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of this site or reliance on the information from either.  THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION, OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, YOUR USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.  WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD-PARTIES FOR ANY LOST PROFIT OR REVENUE, OR DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THIS SITE OR THE PRODUCTS, OR YOUR RELIANCE ON OR USE OF THIS SITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS, OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements including, but not limited to, reasonable legal and accounting fees resulting from or alleged to result from your use of and access to this site or your violation of these Terms of Use or your violation of any third-party right, including, but not limited to, any trademark, copyright, or other proprietary or privacy right.

Applicable Law

We make no representations that the content or this site are appropriate or may be used or downloaded outside the United States.  Access to this site and/or the content may not be legal in certain countries outside the United States.  If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access this site.

Our site is created and controlled in the Commonwealth of Pennsylvania, United States of America.  Your use and access of this site shall be governed by Pennsylvania law, without effect to its conflict of law principles.  By using this site, you agree that any legal action arising out of or relating to this site shall be brought only in the federal or state courts in the Commonwealth of Pennsylvania.  You agree that jurisdiction and venue are proper in such courts.

This site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation or which would subject SurgeonCheck to any registration requirement within such location.  Our site is subject to United States export control laws and regulations, and may be subject to export or import regulations in other countries.  You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import any data on this site, as may be required.

General

These Terms of Use, together with the Privacy Policy, and any legal notices published by us on this site, shall constitute the entire agreement between us concerning use of this site.  If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.