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Terms & Conditions

BY ACCESSING OR USING WWW.DO-SURGERY.COM (“THE DO SURGERY FORUM”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW AND THE PRIVACY POLICY (TOGETHER THE “TERMS OF USE”), IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE DO SURGERY FORUM. BY USING THE DO SURGERY FORUM AND/OR BY REGISTERING AS A USER, YOU INDICATE THAT YOU ACCEPT THE TERMS OF USE.

WARNING NOTICE: You are about to enter a Private website that is restricted to authorized use by Johnson & Johnson Medical Ltd and their authorized agents ("the Company") for business purposes only. The actual or attempted unauthorized access, use or modification of this website or its contents is strictly prohibited by the Company. Unauthorized users and/or unauthorized use are subject to criminal and/or civil penalties in accordance with applicable domestic and foreign laws. The use of this website may be monitored and recorded for administrative and security reasons. If such monitoring and/or recording reveals possible evidence of criminal activity, the Company may provide the monitored evidence of such activity to law enforcement officials. Access to this website from an un-trusted workstation, including, but not limited to, cyber cafes and public kiosks, is prohibited.

1. IDENTITY OF THE DO SURGERY FORUM OWNER AND USE OF TRADE MARKS The Do Surgery Forum is operated by Johnson & Johnson Medical Ltd (“we”). We are a limited company registered in Scotland under company number SC132162 and have our registered office at PO BOX 1988, Simpson Parkway, Livingston, West Lothian, EH54 0AB, United Kingdom. The trademarks, service marks, trade names, trade dress and products featured on The Do Surgery Forum are protected in the United Kingdom and internationally. No use of any of these may be made without our prior written authorisation, except to identify our products or services.

2. INTENDED USE The Do Surgery Forum is intended for use by health care professionals practicing in countries within Europe, the Middle East, and Africa. If you practice outside of these areas you may still register as a user of The Do Surgery Forum but please note that content is based on EMEA regulations and therefore may not be consistent with your own country’s regulations and laws. We reserve the right to restrict access to The Do Surgery Forum (or any parts of it) at our sole discretion. In registering to use The Do surgery Forum you represent and warrant that: (a) you are a surgeon or an employee of Johnson & Johnson Medical Ltd (or an affiliated company); (b) you are not employed or engaged by one of our competitors or are not using The Do Surgery Forum for any reason that is in competition with us; and© that you will not share any information on The Do Surgery Forum with any third party that may compromise our interests (including disclosing materials to a representative of a competitor).

3. DISCLAIMER The information contained in The Do Surgery Forum is protected by worldwide copyright laws, is not intended to amount to advice on which reliance should be placed and does not constitute legal, medical, counselling or other professional services or advice. Nothing contained in The Do Surgery Forum is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. To the fullest extent permitted by applicable law, the information displayed on The Do Surgery Forum is provided without guarantees, conditions or warranties as to accuracy and is provided on an “as is” basis. We therefore disclaim all liability and responsibility arising from any reliance placed on information by any user of The Do Surgery Forum or by anyone who may be informed of its contents. Thoughts and opinions expressed on The Do Surgery Forum do not necessarily reflect our own thoughts and opinions. Where The Do Surgery Forum contains links or references to other sites and resources provided by third parties, these links and references are provided for your information only. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from use of them.

4. HARMFUL CODE We cannot and do not guarantee or warrant that any material, files, software or links available for downloading from The Do Surgery Forum will be free of infection by viruses, worms, spyware, time-bombs, trojan horses or other code or material that manifest contaminating, harmful or destructive properties (“Harmful Code”). We will not be liable for any loss or damage caused by any Harmful Code that may infect computer equipment, programs, data or other material due to use of The Do Surgery Forum. You must not misuse The Do Surgery Forum by knowingly introducing or uploading any Harmful Code or attempt to gain unauthorised access to The Do Surgery Forum, the server on which The Do Surgery Forum is stored or any server, compute or database connected to The Do Surgery Forum.

5. YOUR AGREEMENT You agree to: (a) be responsible for and maintain all equipment required for your access to and use of The Do Surgery Forum; (b) maintain the confidentiality and security of your user identification, password and other confidential information relating to your account and agree not to disclose it to any third party. Access to The Do Surgery Forum from an untrusted workstation, including, but not limited to, public facilities is prohibited. You agree that we may establish, in our sole discretion and without prior notice to you, a maximum amount of storage space for Your Content (defined below) and you agree that we have no responsibility or liability for the deletion of or failure to store any messages, communications, or any of Your Content.

6. OPERATION We reserve complete and sole discretion with respect to the operation of The Do Surgery Forum. Without notice, we may, among other things: (a) delete email or private messages if it has not been accessed by a user within the time established by our policies; (b) subject to our Privacy Policy, make available to third parties information relating to The Do Surgery Forum and its users; (c) amend, withdraw, suspend or discontinue any functionality, feature or content of The Do Surgery Forum; (d) suspend or close indefinitely access to The Do Surgery Forum. Any information and material on The Do Surgery Forum may be out of date at any given time and we are under no obligation to update such. The use of The Do Surgery Forum may be monitored and recorded for administrative and security reasons. If such monitoring and/or recording reveals possible evidence of criminal activity by you or relating to your account, we may provide the monitored evidence of such activity to law enforcement officials.

7. UPLOADING OF MATERIAL AND ACCEPTABLE USE Any information and materials that you upload, transmit or post to The Do Surgery Forum (“Your Content”) will be considered as non-confidential. Nothing in the Terms of Use shall operate to transfer ownership in any intellectual property rights to you or DePuy International Limited. You grant us (and represent and warrant that you have the right to grant us) a nonexclusive, irrevocable, worldwide, perpetual, assignable, sub-licenseable royalty free right to us to modify, amend, reformat, translate, prepare derivative works of, remove, distribute and publish Your Content on The Do Surgery Forum, copy Your Content for purposes in connection with The Do Surgery Forum and use Your Content for training, educational and internal purposes, without any further consent, notice and/or compensation to you or to any third parties. We have the right to disclose your identity to any third party who is claiming that Your Content constitutes an infringement of their intellectual property rights or violation of their privacy. You may upload information and materials and take part in any available interactive services on The Do Surgery Forum and otherwise use The Do Surgery Forum only as permitted by the Terms of Use, our operating policies and applicable law. You are responsible for Your Content (including all of your user-generated content and communications) and your use of The Do Surgery Forum. You may not, under any circumstances, use The Do Surgery Forum: (a) in any way that breaches any applicable local, national or international laws; (b) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional materials or any other form of similar solicitation; (c) to post, upload or transmit any material which is libellous, defamatory, deceptive, fraudulent or misleading, indecent, obscene, pornographic, sexually explicit, offensive, hateful or inflammatory; (d) to post, upload or transmit any material that promotes off-label usage of a medical device, violence, discrimination or any illegal activity; (e) to upload, transmit or post any information, materials, data, image or program that would violate the intellectual property rights and other proprietary rights of others or the privacy of an individual or patient, (including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion); (f) to threaten, harass, stalk, abuse others; (g) to intercept or attempt to intercept email or other private communications not intended for you; (h) to falsely purport to be our employee or agent; or (i) to cause repeated disruptive incidents. It is not our intention to discourage you and other users from taking controversial positions or expressing vigorously what may be unpopular views on The Do Surgery Forum, nonetheless, we reserve the right to take such action as we deem appropriate in cases where The Do Surgery Forum is used to upload, transmit or post information which we determine breaches the Terms of Use. You warrant that you will not use The Do Surgery Forum in breach of this paragraph and agree to indemnify us for any breach of this warranty. Your Content may be seen and used by other users of The Do Surgery Forum, we cannot guarantee that other users will not use such in breach of the Terms of Use. If you have any information that you would like to keep confidential and/or do not want other users to use you should refrain from uploading, transmitting or posting it on The Do Surgery Forum as we are not responsible or liable for a user’s use or misuse of any Your Content.

8. REVIEW OF POSTINGS & UPLOADS We cannot and do not review all information, materials and communications uploaded, transmitted or posted by users of The Do Surgery Forum and we are not responsible or liable in any way to you or any third party for the content or accuracy of such. However, we reserve the right to block or remove any communication or materials that we determine, in our sole discretion, do not comply with the Terms of Use or is otherwise unacceptable to us. Any messages, advice, opinions or other information contained in any interactive area of The Do Surgery Forum should not be construed as professional advice or instruction. If you would like to report any issue to us with regard to any information on The Do Surgery Forum, please see paragraph 14 for contact details.

9. LIMITED LICENSE The materials you access on The Do Surgery Forum (with the exception of Your Content) are only to be used by you for the purpose of educating healthcare professionals on the use of implants and the surgical techniques associated with them and for no commercial use or purpose (the “Purpose”). We grant you, subject to the Terms of Use, a limited, non-transferable, non-sublicensable and non-exclusive license to access and use The Do Surgery Forum in real time and to use the materials on The Do Surgery Forum in a manner consistent with the Purpose.

10. PRIVACY POLICY The information that we obtain through your use of The Do Surgery Forum, whether through the registration process or otherwise, is subject to our Privacy Policy. The Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use The Do Surgery Forum. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use The Do Surgery Forum or upload, transmit or post any materials or information on it.

11. WAIVER, RELEASE AND LIMITATION OF LIABILITY You agree that, to the fullest extent permitted by law, neither Johnson & Johnson Medical Ltd, nor its affiliates, officers, directors, employees or agents have any liability to you in connection with the use, inability to use, or the results of the use of The Do Surgery Forum, any websites linked to it and any information posted in it. You hereby release and forever waive any and all claims you may have against Johnson & Johnson Medical Ltd , its affiliates, officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon breach of contract, tort (including negligence) or otherwise) for losses or damages you sustain in connection with the use, inability to use, or the results of the use of The Do Surgery Forum, any websites linked to it and any information posted in it. Nothing in the Terms of Use shall be deemed to exclude our liability for death, personal injury arising from our negligence, fraudulent misrepresentation or for any matter which it would be unlawful to exclude or attempt to exclude.

12. VARIATIONS We may revise the Terms of Use by amending the content at any time. You are expected to check the relevant pages of The Do Surgery Forum from time to time to take notice of any changes we make, as they are binding on you upon your subsequent use of The Do Surgery Forum.

13. GOVERNING LAW The English courts will have the exclusive jurisdiction over any claim arising from, or related to, The Do Surgery Forum, although we retain the right to bring proceedings against you for breach of the Terms of Use in your country of residence or any other relevant country. The Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

14. CONTACT If you have any questions or issues to report in connection with The Do Surgery Forum please contact:

DePuy Synthes Institute c/o Johnson & Johnson Medical Ltd
PO BOX 1988
Simpson Parkway
Livingston
West Lothian
EH54 0AB
United Kingdom

Email: do-surgery@deeson.co.uk (this email inbox is regularly monitored)
Web: via our Contact Us form