Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms Of Use ("Terms") describe rules for visitors to this website located at www.MySpineTools.com ("Site"). Medtronic, Inc., Medtronic Sofamor Danek, Inc., and their affiliates also operate other websites. These Terms of Use may not apply to our other websites. You should review the terms of use posted on other Medtronic websites when you visit them. This Site contains information about products and therapies authorized in the United States, and is intended for an U.S. audience. You may see information on this Site about products or therapies that are not available or authorized in your country, especially if you live outside of the US. Please check the package inserts for the products shipped to you and only use the products according to their labeling.

These Terms of Use were last updated on August 20, 2001. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the Site. By using this Site, it means you accept the Terms of Use.

The terms "we", "our" and "Medtronic Sofamor Danek" mean Medtronic, Inc. and any of its affiliated companies. "You" means you, the user of this Site.

ABOUT THE INFORMATION ON THIS SITE. Much of the information on this Site relates to products and services offered by Medtronic Sofamor Danek. The materials on this Site are for your general educational information only. Medtronic Sofamor Danek does not practice medicine or provide medical services or advice and the information on this site should not be considered as medical advice.

Health information changes quickly. Therefore, some information on this Site may be out of date.

PASSWORD PROTECTED SITE. The information on this Site is accessible only through the use of a password provided to you by Medtronic Sofamor Danek. This password is provided to you exclusively for your own use. You must not share this password. If someone you know would like to access this Site, they should contact us by email at ecom@sofamordanek.com or by telephone at 1-866-697-7493 to receive their own unique password. Medtronic Sofamor Danek reserves the discretion to withhold, revoke, or disable passwords at any time for any reason.

WARNING - UNAUTHORIZED ACCESS OR USE PROHIBITED. Any unauthorized access or alteration of information on or related to this site is prohibited. This includes any attempt to access or alter an authorized user's information, such as password, name, address, email address, financial information, or any other account or personal information. Any violation of this policy also violates state and federal law and will be reported.

USE OF MATERIALS ON THIS SITE. The materials on this Site belong to Medtronic Sofamor Danek. These materials are confidential and provided exclusively for password-holders. By using this Site, and by accepting a username and password to MySpineTools.com, you have entered into a contract with Medtronic Sofamor Danek. You may not print, copy or distribute any materials on this Site for commercial use. Furthermore, you may not distribute or share any materials or information found on this site.

The materials on this Site are protected by United States and foreign copyright laws. If you use the materials in a way that is not clearly allowed by these Terms of Use, you are violating your contract with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the materials and you must immediately destroy any copies you have made. Title to the materials remains with us or with the authors of the materials contained on this Site. All rights not expressly granted are reserved.

LINKS TO OTHER SITES. This Site may contain links to websites not operated by Medtronic Sofamor Danek. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. These websites may contain information about uses of Medtronic Sofamor Danek products or therapies that have not been approved in the United States or other countries. We do not control, support or endorse this type of information. Use products only according to their labeling. We are not responsible for the performance of those sites or for your business dealings with them. Your use of other websites is subject to the terms of use of those sites, including the privacy policies of those sites.

ADVERTISING. This Site may include advertisements for products or services offered by other companies. Medtronic Sofamor Danek may receive payment from these advertisers. We do not allow advertisers to have any influence on the health information we provide. Although we believe you may find that information offered by advertisers is helpful, Medtronic Sofamor Danek does not endorse or guaranty any product or service offered by advertisers. The Site includes promotional material about Medtronic Sofamor Danek products and services.

SPONSORS. If any one other than Medtronic Sofamor Danek sponsors this Site or has any other financial interest in the Site, we will tell you about the sponsorship. From time to time Medtronic Sofamor Danek may make agreements with other companies or people who will provide information and/or services to this Site. The purpose of these agreements is to give visitors to the Site information and services from a number of sources. Also, in some cases the purpose of the agreements is to provide financial support for this Site. We will clearly label any information or services on this Site that are provided by one of these other companies or people.

These other companies and/or people agree to check any information they supply on this Site for accuracy. All information and services offered on this Site are subject to Medtronic's Editorial Policy.

EDITORIAL POLICY. We are committed to providing health information that you can use. To keep our content reliable and up to date, we follow these guidelines:

  1. Our own writers and editors develop, produce, review and edit much of the content on the Site.
  2. We also use respected government, academic, and professional sources to research articles.
  3. We often ask health care professionals to review our articles for accuracy.
  4. If we use content from other health information sources, those sources agree that their content must meet our standards for editorial accuracy and integrity.
  5. We clearly identify the sponsor in areas of the Site that contain sponsored content.
  6. We do not endorse any product or service promoted by our sponsors or advertisers.
  7. We do not let sponsors or advertisers influence the health content on our Site.

If you have questions or comments about our editorial policy, send us an email addressed to ecom@sofamordanek.com or a letter sent by First Class Postage Prepaid U.S. Mail or overnight courier to the following address:

Medtronic Sofamor Danek, Inc.
1800 Pyramid Place
Memphis, TN 38132
Attn. E-Business

UNSOLICITED IDEAS. While Medtronic Sofamor Danek is pleased to receive feedback and comments from visitors to this Site, we want you to understand that any information that you submit through this Site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this Site, you hereby grant Medtronic Sofamor Danek an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them, and agree that Medtronic Sofamor Danek is free to use them for any purpose.

INDEMNIFICATION. If you use or misuse this Site in a way that causes a lawsuit or other claim of injury against Medtronic Sofamor Danek, you have certain responsibilities. You agree to defend, indemnify and hold Medtronic Sofamor Danek harmless from and against any claims, actions or demands, liabilities and settlements. This indemnification also covers Medtronic Sofamor Danek's officers, directors, employees, agents, and suppliers. Your indemnification includes, without limitation, the costs of reasonable legal and accounting fees.

DISCLAIMERS AND LIMITATION OF LIABILITY. When using this Site, information will be sent over communication channels that we do not control. As a result, we assume no liability for or relating to the delay, failure, interruption or corruption of any information sent as a part of your use of this Site. We cannot and do not guaranty or promise that files available for downloading through the Site will be free from infection, viruses, worms, or other contaminating or destructive code that may damage your computer files. You use this Site at your own risk. This Site and the materials are provided on an "as is" basis.

MEDTRONIC SOFAMOR DANEK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS 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.

YOU AGREE THAT NEITHER MEDTRONIC SOFAMOR DANEK NOR ANY PERSON OR COMPANY ASSOCIATED WITH MEDTRONIC SOFAMOR DANEK SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE MATERIALS ON THIS SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS MEDTRONIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL PROVIDERS MENTIONED ON THIS SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.

THE TOTAL LIABILITY OF MEDTRONIC SOFAMOR DANEK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PROVIDERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL MEDTRONIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, RESULTING FROM ANY USE OF THE SITE OR MATERIALS ARE EXCLUDED EVEN IF MEDTRONIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

JURISDICTION AND VENUE. By using this Site, you agree that the only proper jurisdiction and venue for any dispute with Medtronic Sofamor Danek, or in any way relating to your use of this Site, is in the state and federal courts in the State of Tennessee, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Medtronic Sofamor Danek or its affiliates, employees, officers, directors, agents, and providers.

These Terms of Use are governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles, and the federal laws of the United States.

OTHER RULES ABOUT THIS SITE. Except as written in any other disclaimers, policies, terms of use, or other notices on this Site, these Terms of Use and the Privacy Statement are the complete agreement between you and Medtronic Sofamor Danek with respect to your use of this Site. You may be subject to additional Terms of Use that may apply when you access particular services or materials on certain areas in this Site, or by following a link from this Site. Please read our Privacy Statement to learn how we protect and use information that we gather through this Site.

Medtronic Sofamor Danek may modify or discontinue this Site, with or without notice to you. You agree that Medtronic Sofamor Danek will not be liable to you or any third party as a result of such modification or discontinuation.

The sections called "Disclaimers and Limitation of Liability," "Indemnification", "Jurisdiction and Venue" and "Other Rules About This Site" will survive termination of these Terms of Use. Medtronic Sofamor Danek is headquartered in Memphis, Tennessee, in the United States of America. The materials on this Site may not be appropriate in other countries. If you access or download information from this Site from outside the United States, you do so at your own risk and are responsible for obeying the laws of your country.

If any provision of these Terms of Use is found to be invalid by any court having 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 of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

If you have questions or comments about these Terms of Use, please email us at ecom@sofamordanek.com or send us a letter addressed by First Class Postage Prepaid U.S. Mail or overnight courier to the following address:

Medtronic Sofamor Danek, Inc.
1800 Pyramid Place
Memphis, TN 38132
Attn. E-Business

NOTICES. Medtronic Sofamor Danek may deliver notice to you by electronic mail, a general notice on this Site, or by written communication delivered by First Class U.S. Mail to your address on record with Medtronic. You may deliver notice to Medtronic Sofamor Danek by letter addressed by First Class Postage Prepaid U.S. Mail or overnight courier to the following address:

Medtronic Sofamor Danek, Inc.
1800 Pyramid Place
Memphis, TN 38132
Attn. E-Business