{"id":5075,"date":"2021-10-13T14:16:01","date_gmt":"2021-10-13T14:16:01","guid":{"rendered":"https:\/\/exogen.com\/terms-of-use\/"},"modified":"2023-10-19T19:10:22","modified_gmt":"2023-10-19T19:10:22","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/www.exogen.com\/cd\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"

[vc_row row_height_percent=”0″ overlay_alpha=”50″ gutter_size=”3″ column_width_percent=”100″ shift_y=”0″ z_index=”0″ uncode_shortcode_id=”112756″ row_height_pixel=”145″ back_color_type=”uncode-gradient” back_color_gradient=”{“css“:“background: linear-gradient(to bottom , rgb(211, 211, 211) , rgb(243, 240, 244) 34%);“,“sliders“:`{`{“color“:“rgb(211, 211, 211)“,“position“:0},{“color“:“rgb(243, 240, 244)“,“position“:34}`}`,“type“:“linear“,“direction“:“top“}” css=”.vc_custom_1634125203557{margin-top: 80px !important;margin-bottom: 0px !important;}”][vc_column column_width_percent=”100″ position_vertical=”middle” gutter_size=”3″ overlay_alpha=”50″ shift_x=”0″ shift_y=”0″ shift_y_down=”0″ z_index=”0″ medium_width=”0″ mobile_width=”0″ width=”1\/1″ uncode_shortcode_id=”697530″][vc_custom_heading auto_text=”yes” text_color=”color-121277″ heading_semantic=”h1″ text_font=”font-559666″ text_size=”fontsize-242148″ text_transform=”uppercase” text_height=”fontheight-133340″ uncode_shortcode_id=”149333″ text_color_type=”uncode-palette”]This is a custom heading element.[\/vc_custom_heading][\/vc_column][\/vc_row][vc_row row_height_percent=”0″ overlay_alpha=”50″ gutter_size=”3″ column_width_percent=”100″ shift_y=”0″ z_index=”0″ uncode_shortcode_id=”605836″ css=”.vc_custom_1634133113099{padding-top: 50px !important;padding-bottom: 50px !important;}”][vc_column width=”1\/1″][vc_custom_heading text_color=”color-nhtu” heading_semantic=”h5″ text_size=”h5″ uncode_shortcode_id=”849795″ text_color_type=”uncode-palette”]Please read these terms & conditions carefully before using this website.[\/vc_custom_heading][vc_column_text uncode_shortcode_id=”187084″]Agreement to the Terms of Use as a Prerequisite to Using the Website<\/strong><\/p>\n

Welcome to the Bioventus LLC. (hereinafter \u201cBioventus\u201d) website exogen.com<\/a> (the \u201cWebsite\u201d). By accessing and using the Website, you agree to be bound by the following Terms & Conditions<\/a> of Use, including without limitation the disclaimer of all warranties, both express and implied, the disclaimer of all liability, and the Privacy Policy<\/a>. If you do not agree to the Terms & Conditions<\/a> of Use, you are not permitted to use the Website.[\/vc_column_text][vc_column_text uncode_shortcode_id=”189774″]Scope<\/strong>
\nThe Terms & Conditions<\/a> of Use set forth in this agreement apply only to your use of this Website. Bioventus operates other websites that are covered by their own terms and conditions of use as specified within those websites.<\/p>\n

Health Information<\/strong>
\nThe information on this Website is provided for informational purposes only. The information on this Website is intended only for the purpose of helping patients and family members better understand certain health conditions and treatment options. The content is not intended in any way to be a substitute for professional medical advice and should not be interpreted as treatment recommendations. Only a physician who has had an opportunity to interact with the patient in person, with access to the patient\u2019s records and the opportunity to conduct appropriate follow up, can provide recommendations for treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding a medical condition. The Website content is not intended to be relied on for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you read on this Website.<\/p>\n

Right to Modify the Terms & Conditions of Use<\/a><\/strong>
\nBioventus reserves the right to modify these Terms & Conditions<\/a> of Use at any time, in its sole discretion, with or without notice. All modifications to these Terms & Conditions of Use<\/a> will be effective immediately upon posting of the modifications on the Website. You agree to check this webpage each time you access the Website to become aware of any changes. By continuing to access the Website, you agree to be bound by these modifications to the Terms & Conditions of Use<\/a>.<\/p>\n

Applicability to Online Activities Only<\/strong>
\nYou acknowledge and agree that, unless Bioventus specifically provides otherwise, these Terms & Conditions of Use<\/a> only apply to this Website and Bioventus\u2019 online activities through the Website, and do not apply to any of Bioventus\u2019 offline activities.<\/p>\n

User Eligibility<\/strong>
\nThe Website and its services are available only to individuals and entities who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website and its services are not available to anyone under the age of thirteen (13) years. If you do not meet the qualifications set forth in this paragraph, you are not permitted to use the Website.
\nBioventus makes no representation that the materials on the Website are appropriate or available for use in other countries. Additionally, product indications for use may vary by country.<\/p>\n

Right to Terminate Access<\/strong>
\nBioventus, in its sole discretion and with or without cause, may terminate your access to and use of the Website. Bioventus may exercise its rights pursuant to this paragraph at any time without prior notice and without liability to you or to any third party.<\/p>\n

Copyright Notice<\/strong>
\nAll content included on the Website, including without limitation all text, graphics, logos, images, photographs, videos, music and sounds, is the property of Bioventus (\u00a9 2021 Bioventus LLC. All rights reserved.) or is used with permission and is protected to the full extent of US and international copyright laws. The Website and its content may only be used as permitted by Bioventus on the Website. You may download content only for your personal use for non-commercial purposes. All other reproductions and uses, including reproduction for commercial purposes or non-personal use, modification, distribution, transmission, republication, display or performance of the content, are strictly prohibited without the express, prior, written permission of Bioventus. You may not frame or link to the Website without Bioventus\u2019 express, prior, written permission. Violations of Bioventus\u2019 copyrights may result in severe civil and criminal penalties.<\/p>\n

Trademark Notice<\/strong>
\nTrademarks appearing on the Website, including without limitation BIOVENTUS and EXOGEN, are the property of their respective owners and may not be reproduced without the express written permission of their owners. The design and layout of the Website is protected as trade dress and may not be copied or imitated in whole or in part. Violations of Bioventus\u2019 trademark rights may result in severe civil and criminal penalties.<\/p>\n

Information You Provide to Bioventus<\/strong>
\nIf you submit any ideas, suggestions, notes, drawings, graphics, concepts, or other information (collectively \u201cIdeas\u201d) to Bioventus, you are giving those Ideas, and all your rights in them, to Bioventus free of charge. Such Ideas shall be deemed to be non-confidential and Bioventus shall have no obligation of any kind with respect to such Ideas and shall be free to reproduce, use, disclose and distribute the Ideas to others without limitation, without your consent or any compensation to you or anyone else. Bioventus shall be free to use any know-how or techniques contained in such Ideas for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.<\/p>\n

Disclaimer of Warranties; Limitation of Liability<\/strong>
\nBy accessing this Website, you agree that the use of the Website is at your sole risk. The Website may include technical inaccuracies or typographical errors. Bioventus does not warrant the accuracy of any of the information or representations appearing on the Website.
\nTHIS WESBITE IS PROVIDED BY BIOVENTUS ON AN \u201cAS IS\u201d AND \u201cAS AVAILABLE\u201d BASIS. BIOVENTUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATON OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIOVENTUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
\nBIOVENTUS WILL NOT BE LIABILE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BIOVENTUS SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.<\/p>\n

Disclaimer of Responsibility for Material Posted on \u201cLinked\u201d Sites<\/strong>
\nThere may be links on the Website that allow you to leave the Website and to visit other websites. Accordingly, Bioventus is not and cannot be held liable or responsible for the content, services, images, graphics, products, or representations of any linked websites. Bioventus cannot and does not guarantee, represent or warrant that the content contained in those linked websites is accurate, legal, or inoffensive, or that those websites do not contain viruses or will not otherwise adversely affect your computer. Bioventus provides links to these other websites solely as a convenience to you. Bioventus’ inclusion of any link does not imply that Bioventus sponsors, endorses, is affiliated with or approves of the linked website.<\/p>\n

Indemnification<\/strong>
\nAs a condition of your use of the Website, you represent and warrant to Bioventus that you will not use the Website for unlawful purposes or in ways which are prohibited by these Terms & Conditions <\/a>of Use or which could damage or disable the Website or You agree to indemnify and hold Bioventus, its officers, agents, and employees harmless from any loss, liability, damage, cost, or interfere with any other party\u2019s use and enjoyment of the Website. Expense, including reasonable attorney\u2019s fees, resulting from any actions, suits, or claims made by any third party arising out of or relating to your use of the Website.<\/p>\n

Privacy Policy<\/strong>
\nIn accordance with the terms of the Website Privacy Policy, Bioventus respects the privacy of its Users. To view the Website Privacy Policy, click here<\/a>.<\/p>\n

Applicable Law<\/strong>
\nBioventus has offices in Durham, North Carolina. Any dispute arising from or relating to these Terms & Conditions of Use<\/a> shall be governed by the laws of the state of North Carolina, without giving effect to its conflict of law principles. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Durham County, North Carolina for any litigation arising out of or relating to these Terms & Conditions of Use<\/a>.<\/p>\n

Severability<\/strong>
\nThe provisions of these Terms & Conditions of Use<\/a> are severable and the invalidity or unenforceability of one provision shall not affect the validity and enforceability of the other provisions.<\/p>\n

Merger<\/strong>
\nThese Terms & Conditions of Use<\/a>, along with the Privacy Policy<\/a> and any other policies referred to herein which are hereby incorporated by reference, represent the entire agreement between the parties as to the subject matter of this agreement and supersede any prior representations or agreements, whether written or oral, between the parties.<\/p>\n

Revision Date<\/strong>
\nThese Terms & Conditions of Use<\/a> were last revised on August 5, 2021.[\/vc_column_text][\/vc_column][\/vc_row][vc_row row_height_percent=”0″ overlay_alpha=”50″ gutter_size=”3″ column_width_percent=”100″ border_color=”color-gyho” border_style=”solid” shift_y=”0″ z_index=”0″ uncode_shortcode_id=”206930″ css=”.vc_custom_1633839934035{margin-top: 40px !important;margin-bottom: 0px !important;border-top-width: 1px !important;}” el_id=”description_text” border_color_type=”uncode-palette”][vc_column width=”1\/1″][vc_column_text uncode_shortcode_id=”843293″]Summary of Indications for Use<\/strong>
\nThe EXOGEN Ultrasound Bone Healing System is indicated for the non-invasive treatment of established nonunions* excluding skull and vertebra. The EXOGEN device has also been reported as effective as an adjunctive non-invasive treatment of established nonunions in patients:<\/p>\n