ENCORE MEDICAL EDUCATION, LLC
TERMS OF USE
May 2022

BY YOUR USE OF THIS WEBSITE YOU AGREE TO THE FOLLOWING:

1. INTRODUCTION AND AGREEMENT TO TERMS

Encore Medical Education, LLC (“ENCORE”) is pleased to provide this website (“Site”) to host programs for professional informational and educational use (“Program” or “Programs”). The following agreement governs your access and use of this Site. Throughout, the terms “you” and “your” refer to any individual, company or legal entity that accesses or otherwise uses this Site.

Please read these Terms of Use (“Terms of Use”) for the Site very carefully. By accessing, browsing or using this Site, you agree to be bound by these Terms of Use. If you do NOT agree, you should NOT access or use this Site. You will be asked to click “I AGREE” to signify your understanding and acceptance of the Terms of Use before you access the Site.

If you have any questions or problems regarding these Terms of Use, please contact the ENCORE’s help desk at: events@encoremeded.com.

2. OWNERSHIP AND USE OF THIS SITE

ENCORE owns the Site and provides many types of medical education and other information to be distributed through the Site. The Site and any content on the Site are intended for the use of physicians and other qualified healthcare professionals solely for medical education purposes.

You acknowledge and agree that all content on this Site, including, without limitation, the Site’s design, graphics, text, formatting, sounds, pictures, images, user interfaces, page headers, custom graphics, button icons, scripts, software, trademarks, service marks, trade names, trade dress, logos and other materials and information on this Website, and the selection and arrangement thereof ( “Content”), is owned, controlled or licensed by or to ENCORE, and is protected by United States and international copyright, trademark and various other intellectual property laws and rights. You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of ENCORE. Any other use, including distribution to or use of the Site or Program Content found on the site by any third parties not granted such specific permission, is not allowed, and legal action may be taken in case of such wrongful access, distribution, or use.

3. DISCLAIMER

THIS SITE, THE PROGRAMS, AND THEIR CONTENT, DO NOT PROVIDE MEDICAL ADVICE.

THIS SITE AND THE CONTENT ARE PROVIDED "AS IS". ENCORE, ITS AGENTS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

ENCORE, ITS AGENTS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES. NEITHER ENCORE NOR ITS AGENTS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENCORE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. PRIVACY NOTICE AND PRIVACY POLICY

The processing of any personal data derived from your use of the Site will follow ENCORE’s current Privacy Policy as posted on the Site, including any requirements under the EU Directive 95/46/EC and the General Data Protection Regulation (EU) 2016/679 as well as any applicable laws implementing or amending the same. This Privacy Policy, in its most current form, is incorporated herein by reference.

5. INDEMNIFICATION AND RELEASE

You agree to indemnify, defend and hold harmless ENCORE against any and all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to use of the Site by you, any message or material that you submit to, post on or transmit through the Site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Site.

6. SUSPENSION OR TERMINATION

As a condition of your use of this Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You further agree that you are responsible for your use of and communications on the Site. ENCORE reserves the right, in its sole discretion, to suspend or terminate your access to this Site and prohibit any and all current and future use of this Site (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this Site.

7. SEVERABILITY

All provisions of these Terms of Use are severable. If any provision or portion hereof is determined to be unenforceable by a court of competent jurisdiction, then the rest of the A Terms of Use shall remain in full effect, provided that the general purposes remain reasonably capable of being effected.

8. GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Louisiana, United States, without regard to any conflicts of law principles applied. By use of the Site, you agree that any dispute that is brought hereunder shall be determined by binding arbitration under the rules of the American Arbitration Association, in an arbitration held before a certified arbitrator in the Parish of East Baton Rouge, State of Louisiana.

9. MODIFICATION OF TERMS OF USE

ENCORE may amend these Terms of Use, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting on the Site. By continuing to access or use this Site, you will be deemed to have reviewed and accepted such amendments. You are advised to regularly review the Terms of Use so that you are aware of any amendments.

__________I AGREE TO THESE TERMS OF USE