Conescan provides website features to you subject to the following conditions. If you visit, create cases, or order Guided Surgery services at Conescan.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Conescan service or business you also will be subject to the guidelines, terms and agreements (“Terms”) applicable to such service or business.
PRIVACY
Please review our Privacy Policy, which also governs your visit to Conescan.com, to understand our practices
COPYRIGHT
All content included on this site, including but not limited to; text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Conescan or its content suppliers and protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
Conescan grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Conescan. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools. This site or any part of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without expressed written consent of Conescan. You may not use any meta tags or any other text utilizing Conescan name or trademarks without the express written consent of Conescan. Any unauthorized use terminates the permission or license granted by Conescan. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of conescan.com so long as the link does not portray Conescan, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Conescan logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for any and all activities that occur under your account or password. Conescan does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under the age of 18, you may use conescan.com only with permission and involvement of a parent or legal guardian. Conescan reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post comments, photos, and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a case or order or other content. Conescan reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Conescan a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content globally in any media format. You grant Conescan and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Conescan for all claims resulting from content you supply. Conescan has the right but not the obligation to monitor and edit or remove any activity or content. Conescan takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS AND INFRINGEMENT
Conescan respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email Conescan at [email protected]
REFUND POLICY
Should you receive a defective Product from us, please contact us within seven (7) days in order to request a replacement or refund.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the actual price in every area on any particular day. In regards to items or services sold by Conescan; we cannot confirm the price of an item until you order. If an item’s or services price will be higher than our originally stated price due to complications or specific anatomical needs, we will contact you for instructions before manufacturing and shipping your order.
OTHER BUSINESSES
Conescan provides links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Conescan does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use
CONFIDENTIAL INFORMATION OF CONESCAN
You hereby recognize that any proprietary data, information, documentation, and records shared with you, including but not limited to, implant information, implant library, sleeve sizes, guided protocols, and technology, shall constitute Confidential Information of Conescan. Accordingly, you shall not, without the prior express written consent of Conescan, disclose or reveal to any third party or utilize for its own benefit other than pursuant to these Terms, any part of the Confidential Information.
You further agree to take all reasonable precautions to safeguard confidentiality of the Confidential Information and shall assume responsibility that your affiliates, officers, directors, trustees, employees, subcontractors, partners, vendors, advisers, agents and other personnel will similarly keep such Confidential Information secure and in confidence. You and your affiliates, officers, directors, trustees, employees, subcontractors, partners, vendors, advisers, agents and other personnel, shall use at least the same care and discretion to prevent disclosure of Confidential Information as you use with similar confidential information of your own that you do not desire to disclose to third parties, but in no event with less than a reasonable degree of care. The provisions of this clause shall survive termination of these Terms.
HIPAA: YOUR OBLIGATIONS REGARDING PATIENT INFORMATION
When you share confidential patient information with us for the purpose of receiving a Service or Product from us, you understand and agree that Conescan stores such confidential patient information on secure servers (hereafter designated as the “Servers”).
State and Federal laws, as well as ethical and licensure requirements of your profession, may impose obligations with respect to patient confidentiality that may limit your ability to make use of certain services or to transmit certain information to third parties. You represent and warrant that you will, at all times during the term of these Terms or term of any Service and thereafter, comply with all laws directly or indirectly applicable to you or your organization that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of patient information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of these Terms or term of any Service and thereafter, solely responsible for obtaining and maintaining or verifying that you or your organization has obtained and is maintaining all patient consents and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view patient information you transmit and store in connection with the Servers and the associated Software, Products, Services, or Packages.
Conescan will use commercially reasonable efforts to maintain the confidentiality of patient information you transmit and to prevent the disclosure of such information to third parties except in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf and except as may be required or permitted by law.
CONESCAN DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, UPLOADED, OR STORED TO THE SERVERS AND SHALL NOT BE HELD LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OR MISUSE OF THIS INFORMATION. FURTHERMORE, YOU AGREE TO INDEMNIFY CONESCAN FROM ANY CLAIM, ACTION, OR CAUSE, TORT OR OTHERWISE, THAT MAY BE BROUGHT AGAINST YOU OR CONESCAN IN THE EVENT THAT PATIENT INFORMATION IS COMPROMISED DUE TO YOUR NEGLIGENCE OR MISCONDUCT, INCLUDING FAILURE TO SECURE IDS AND PASSWORDS.
FORCE MAJURE
Any delay or failure of Conescan to perform its obligations under these Terms will be excused if and to the extent that it was caused by an event or occurrence beyond Conescan’s reasonable control and without its fault or negligence (“Force Majeure”). Force Majeure includes, but is not limited to, acts of God, actions by any government authority (whether valid or invalid), epidemics, pandemics, fires, floods, windstorms, explosions, riots, natural disasters, wars, sabotage, acts of terrorism, court injunction, or court order. If Conescan is claiming Force Majeure, Conescan must provide users with written notice of such delay (including the anticipated duration of the delay) within ten days of the occurrence of Force Majeure.
WARRANTY
The Website, Products, and Services are provided on ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not warrant that your use of the Website, Software, or Services will be uninterrupted, timely, secure or error-free.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Conescan and its employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use of the Website, products, or services, or b) a breach of these Terms by you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CONESCAN, NOR ITS DIRECTORS, EMPLOYEES, CONTRACTORS, OFFICERS, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, PRODUCTS, OR SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. WE PROVIDE THE SERVICES FOR CONSULTATION PURPOSES ONLY. ANY SURGERY IS THE RESPONSIBILITY OF THE SURGEON PERFORMING THE SURGERY AND NOT CONESCAN’S.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL CONESCAN’S TOTAL LIABILITY FOR ANY DAMAGES, ARISING IN CONNECTION WITH THE WEBSITE, PRODUCTS OR SERVICES EXCEED THE FEES PAID FOR YOUR RIGHT TO USE THE WEBSITE, PRODUCTS OR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MOREOVER, WE RESERVE THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR DISCONTINUE THE PROVISION OF THE WEBSITE, SOFTWARE, PRODUCTS, SERVICES, OR PACKAGES WITH OR WITHOUT NOTICE. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF PROVISION OF THE WEBSITE, PRODUCTS, SERVICES, OR PACKAGES OR ANY PARTS THEREOF.