Surgenex Service Agreement Update January 1, 2017
online and mobile websites, platforms, services, applications, and networks
owned or operated by Surgenex, including without limitation surgenex.com, surgenexcatalog.com.
surgenexproducts.com, and surgenexreviews.com in which Surgenex currently provides services or
technology (the "Site" or "Sites") You accept and agree to be bound by
you view or access content or videos on any of the Sites.
1. Site Usage Guidelines
The following terms apply to content viewed by users, and user conduct, on
the Site including surgenex.com an surgenexproducts.com and partner's
The Site may contain comments sections, discussion forums, image galleries,
images or other interactive features ("Content").
You agree not to upload or copy, post or otherwise transmit any Content
from our websites: violates or infringes in any way upon the rights of others, including
any statements which may defame, harass, stalk or threaten others.
you know to be false, misleading or inaccurate.
You agree the Site is protected by copyright, trademark, trade secret,
right of publicity or other proprietary right without the express
permission of the owner of such copyright, trademark, trade secret,
right of publicity or other proprietary right. The burden of
determining that any Site Content is not protected by copyright,
trademark, trade secret, right of publicity or other proprietary right
rests with you. You shall be solely liable for any damage resulting
from any infringement of copyrights, trademarks, trade secrets, rights
of publicity or other proprietary rights or any other harm resulting
from such a submission. Any person determined by Sugenex, in its sole
discretion, to have violated the intellectual property or other rights
of others shall be barred from submitting or posting any further
material for the Site.
You agree not to engage in activity that would constitute a criminal
offense or give rise to a civil liability.
You agree that if necessary, you have the consent of each and every
identifiable natural person in any submission to use such persons name
or likeness in the manner contemplated by the Site.
You agree not to impersonate any person or entity, including, but not
limited to, Surgenex or employee, or falsely state or otherwise
misrepresent your affiliation with any person or entity.
You agree not to represent or suggest, directly or indirectly, Surgenex
endorsement of web content.
You agree not to interfere with any other user's right to privacy,
including by harvesting or collecting personally-identifiable
information about the Site users or posting private information about a
You agree not to upload, post or otherwise transmit any User Content,
software or other materials which contain a virus or other harmful or
You agree not to interfere with or disrupt the Site or the servers or
networks connected to the Site, or disobey any requirements,
procedures, policies or regulations of networks connected to the Site.
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purpose, any portion of the Site, use the Site, or
access to the Site.
You agree not to use any service, technology or automated system to
artificially inflate the page views that your Site Content receives.
This includes pay-per-click services, web "robots" and any other
current or future technologies. You also agree not to direct any third
party to use these services, technologies or automated systems on your
You agree not to use any technology, service or automated system to
post more Site Content than an individual could upload in a given
period of time. You also agree not to direct any third party to use
these services, technologies or automated systems on your behalf.
2. Copyright Ownership.
The Site contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video,
graphics, music and sound, and the entire contents of the Site are
copyrighted as a collective work under the United States copyright laws.
Surgenex owns copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to it. You
may not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in
whole or in part. You may not download copyrighted material for your
personal use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express
permission of Surgnex and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted material,
no changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. You acknowledge that you do not acquire any
ownership rights by downloading copyrighted material including images.
Surgenex, its parent, subsidiaries and affiliates, own all rights to their
logos and trademarks used in connection with the Site. All other logos and
trademarks appearing on the Site are the property of their respective
4. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER
SUGENEX, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE,
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE,
OR MERCHANDISE PROVIDED THROUGH THE SITE.
(B) THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF
(C) THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH
INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND
INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT
AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE
PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A
SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE,
DIAGNOSIS, OR TREATMENT. SUGENEX IS NOT RESPONSIBLE FOR ANY ACTIONS OR
INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE
(D) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL
TURNER, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, BE LIABLE
TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF
SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR
FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF
USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR
TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR
TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION
OF LIABILITY APPLIES WHEHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION,
REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF TURNER
OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY
OF THE FORGEOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT TURNER AND/OR ITS
PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY
ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS
OF THE SITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF
LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE
EXTENT PERMITTED BY APPLICABLE LAW.
(G) Surgenex disclaims any and all liability of any kind for any
unauthorized access to or use of your personally identifiable information.
By accessing the Site, you acknowledge and agree to Surgenex disclaimer of
any such liability. If you do not agree, you should not access or use the
You agree to defend, indemnify and hold harmless Surgenex, its affiliates and
their respective directors, officers, employees and agents from and against
all claims and expenses, including attorneys' fees, arising out of the use
of the Site by you or your Account. Surgenex reserves the right to take over the
exclusive defense of any claim for which we are entitled to indemnification
under this Section. In such event, you shall provide Surgenex with such
cooperation as is reasonably requested by Surgenex.
For copyright inquiries under the Digital Millennium Copyright Act please
ATTN: Legal Department
PO Box 4664
Scottsdale, AZ 85261
These Terms of Service were last updated on January 1, 2017.