Terms Of Use

(Date of Last Revision: April 13, 2022)

The website www.si-restore.com (“the Site”) is owned and operated by Biofusion Medical, LLC (collectively, “BFM,” “we,” or “us”). The Site provides information about BFM products, testimonials, and case studies on the multiple ways to use the BFM products (the “Services”).

This Terms and Conditions of Use Agreement (“Terms of Use”) constitute a binding agreement between you and BFM. Please read carefully through all sections of these Terms of Use. Your access to and use of the Site is subject to these Terms of Use and all applicable laws, and BFM reserves the right to terminate your access to the Site if you violate these Terms of Use. If you do not agree to these Terms of Use, then you may not use the Site. These Terms of Use may be changed by us from time to time without notice to you and the governing version will be posted on the Site. Please review the posted terms on a regular basis as your use of the Site will be governed by the then-current Terms of Use and Privacy Policy (defined below).

Medical Disclaimer

YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY. THE INFORMATION CONTAINED ON THE SITES IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS. THE INFORMATION AND VIEWS PROVIDED BY INDIVIDUAL CONTRIBUTORS ON THE SITES SHALL NOT BE ATTRIBUTED TO BFM.

THE SITE IS NOT INTENDED OR DESIGNED TO PROVIDE A RESPONSE IN A MEDICAL EMERGENCY. IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY SERVICES (911) TO GET PROMPT MEDICAL ATTENTION. DO NOT RELY ON THE SITES OR ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR EMERGENCY MEDICAL NEEDS.

Proprietary Rights

You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of BFM, its licensors’, or the Site’s other user’s intellectual property rights. BFM may provide information in a text format, images of the products, and case studies, and informational videos. (“Product Information”) on the Site and grants you a limited license to make a copy and use Product Information solely for your personal or internal business purposes. Except as otherwise provided herein, you may not copy, distribute, or publicly display Product Information for any other purpose or in any other public forum without the written consent of BFM or the respective owner, including public forums such as other websites, web services, or print publications. BFM or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited.

Purchasing Products

We currently offer our products through doctors, surgeons, hospitals, and other professional healthcare providers. BFM products are not currently offered to residents of the European Economic Area.

Use of Personal Data

You acknowledge and agree to BFM’s collection and use of your Personal Information as described in the “Privacy Policy.”

Your Communications to the Site

Except to the extent your content or communications to BFM include Personal Information (defined in the Privacy Policy), by forwarding any content or communications to BFM through the Site or by other electronic means, you thereby grant BFM a perpetual, royalty-free, world-wide, irrevocable, non‑exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to BFM or its sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.

Prohibited Activities

The following activities are expressly prohibited from the Site:

  • Submitting to BFM any sensitive personal information that is considered or could be considered “Personal Health Information” or “PHI,” as defined in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”), including, without limitation, any individually identifiable health information about your past, present, or future physical or mental health or condition, the provision of health care to you or the past, present, or future payment for such care;
  • Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
  • Submitting or posting any false, misleading, or fraudulent statements or content.
  • Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Site.
  • Collecting personal information of other users of the Site without that user’s consent.
  • Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware.
  • Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
  • Framing or deep linking into the Site.
  • Accessing the Site by means of automated process, spiders, bots or similar device.

Federal and State Laws

The Site is operated from the United States. When using the Site, on the Site, or when using any content provided by BFM, you must obey all applicable U.S.-based federal, state, and local laws.

Minimum Age

We do not allow persons under the age of eighteen (18) to use the Site. By using the Site, you represent and warrant that you are eighteen (18) years of age or over.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, BFM DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, BFM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

By providing THE SERVICES on the Site, BFM does not in any way promise that the SERVICES will remain available to you. BFM is entitled to terminate all or part of any of the Site at any time, in its sole discretion without notice to you.

Limitation of Liability

THE LIABILITY OF BFM and its affiliates, employees, agents, representatives, and third-party service providers WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, the products, THE CONTENT, OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF THE PRICE of THE PRODUCTS PURCHASED BY YOU OR fifty DOLLARS ($50).

IN NO EVENT WILL BFM BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA OR OTHERWISE, EVEN IF BFM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend, and hold harmless BFM and its affiliates, employees, agents, representatives, and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties, and expenses that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: (i) providing content to or communicating with BFM or its Affiliates, (ii) unauthorized use of material obtained through the Site, (iii) engaging in a prohibited activity, or (iv) any other action that breaches these Terms of Use.

Third-Party Links

The Site may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which BFM exercises no control. Your use of these third-party websites is governed by the terms of use and privacy policy of such websites. BFM expressly disclaims any responsibility for the content or results from your use of such third-party websites.

Copyright Complaints

BFM respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BFM’s copyright agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Site of the material that you claim is infringing;
  • Your address, telephone number, and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

BFM’s agent for notice of claims of copyright infringement on the Site can be reached as follows:

Biofusion Medical, LLC
info@si-restore.com

Miscellaneous Provisions Assignment. BFM may freely assign its obligations and rights under these Terms of Use, including all Personal Information in its possession which it has collected during your use of the Sites.

Severability. If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

Website Availability. BFM cannot guarantee the Site will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions. Although BFM strives to provide the most reliable website reasonably possible, interruptions and delays in accessing the Site are unavoidable and BFM disclaims any liability for damages resulting from such problems.

Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but BFM does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.

Controlling Law and Venue. It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of [Texas], without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts of [Austin], [Texas].

Questions

If you have any questions or comments about these Terms of Use or this Site, please contact us by email at info@si-restore.com.

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