Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY

These Terms Of Use ("Terms") describe rules for visitors to and users of this Web site. "We," "our," “us” and "Kyphon" mean Kyphon Inc. and any of its affiliated companies. "You" means you, the visitor to and user of this Web site. Access and use of this Website is at your own risk and is subject to the terms and conditions set forth herein and all applicable laws, statutes, and/or regulations. Kyphon may revise these Terms from time to time by updating this posting. Please review these Terms each time you visit the Web site. By using this Web site, it means you accept these Terms.

ABOUT THE INFORMATION ON THIS WEB SITE

Kyphon maintains this Web site to provide general educational information about Kyphon and its products. These pages are not intended to provide medical advice and they do not provide instruction on the appropriate use of products produced or supplied by Kyphon, its affiliates, related companies, or its licensors or joint venture partners.

Information you read on this Web site cannot replace the relationship you have with your health care professional. Kyphon does not practice medicine or provide medical services or advice. You should always talk to your health care professional for diagnosis and treatment. Moreover, health information changes quickly. Therefore, it is always best to confirm information with your health care professional.

This Web site contains information about products and therapies authorized in the United States, and is intended for a United States audience. If you live outside the U.S., you may see information on this Web site about products or therapies that are not available or authorized in your country. In addition, U.S. law restricts the sale and use of the devices described in this Web site to sale and use by, or on the order of, a physician.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Kyphon makes no warranties or representations as to the accuracy of information presented on this Web Site. Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Kyphon shall not be held responsible for any action taken that is based on the information presented on the Website, and you agree that all access and use of the Website, and any and all content presented on the Website, is at your own risk.

LINKS TO THIS WEB SITE

You are hereby granted a non-exclusive, limited, and revocable license to link to this Web site. Kyphon reserves the right to revoke this license generally, or your right to use specific links, at any time. If Kyphon revokes this license, you agree to remove and disable any and all of your links to this Web site immediately.

You agree not to present the link to this Web site in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a Web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" this Web site or any of its content or copy portions of it to a server. You agree not to display or use the Kyphon logo or any Kyphon trademark in any manner without our prior written permission.

LINKS TO OTHER INTERNET SITES

This Web site may contain links to Web sites not operated by Kyphon. We provide these links for your convenience, but we do not review, control, or monitor the content of or materials contained on them. We are not responsible for those materials or the performance of those Web sites or for your business dealings with them. Your use of other Web sites is subject to the terms of use of those Web sites, including the privacy policies of those Web sites.

OUR INTELLECTUAL PROPERTY

It is Kyphon's policy to protect its intellectual property rights. All product names, regardless of whether they appear in large print or with the trademark symbol, should be understood to be trademarks of Kyphon unless otherwise noted. The entire content of the Kyphon Website, including any images or text, is copyrighted.

If you use the materials or trademarks on this Web site in a way that is not allowed by these Terms, you are violating your agreement with us and may be violating copyright, trademark, and other laws and regulations. In that case, we automatically revoke your permission to use this Web site. Title to the materials remains with us or with the authors of the materials contained on this Web site. All rights not expressly granted are reserved.

TRADEMARKS OWNED BY KYPHON

The KyphX® Express™, KyphX® Elevate™, KyphX® Exact™, and KyphX Xpander® inflatable bone tamps are intended to be used as conventional bone tamps for the reduction of fractures and/or creation of a void in cancellous bone in the spine (including use during balloon kyphoplasty with KyphX® HV-R™ Bone Cement), hand, tibia, radius and calcaneus. KyphX® HV-R™ Bone Cement is indicated for the treatment of pathological fractures of the vertebral body due to osteoporosis, cancer, or benign lesions using a balloon kyphoplasty procedure. Cancer includes multiple myeloma and metastatic lesions, including those arising from breast or lung cancer, or lymphoma. Benign lesions include hemangioma and giant cell tumor. The KyphX® Latitude™ curette is intended for scraping and scoring of the bone in the spine. The KyphX® Bone Biopsy Device is intended only for obtaining a bone biopsy specimen.

For complete information regarding precautions and methods of use, please reference the devices' instructions for use. Kyphon, KyphX, KyphX Xpander and Osteo Introducer are registered trademarks, and KyphX Express, KyphX Elevate, KyphX Exact, KyphX Latitude, Discyphor, Functional Anaesthetic Discography and Ahead of the Curve are trademarks of Kyphon Inc. This list is not meant to be exhaustive, and Kyphon waives no rights by omitting any trademark from this listing.

Please note that other company, product, and service names appearing on this Web site may be trademarks or service marks of others.

YOUR FEEDBACK, COMMENTS AND IDEAS

Any information that you submit through this Web 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 Web site, you thereby grant us an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that we are free to use them for any purpose.

NO WARRANTIES

ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. KYPHON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KYPHON MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE.

KYPHON MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Note that some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

LIMITATIONS OF LIABILITY

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

THE TOTAL LIABILITY OF KYPHON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, 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 KYPHON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF KYPHON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OTHER RULES ABOUT THIS WEB SITE

Your obligations under this section and the sections called "Your Feedback, Comments and Ideas,“ "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use.

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 violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold Kyphon harmless against any liability for that harm.
By using this web site, you agree that the only proper jurisdiction and venue for any dispute with Kyphon or in any way relating to your use of this web site, is in the state and federal courts in the State of California, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Kyphon or its affiliates, employees, officers, directors, agents, or suppliers.

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