Last Updated on: January 30, 2024
These Terms of Service constitute the agreement between Stewart Surgical, LLC ("Site Owner," "The Site Owner") and you as a user who accesses, subscribes to access or otherwise establishes a connection (“User,” “You,” or “Your”) to the web site known as stewartsurgical.com (individually and collectively, the "Site" and including any sub-domains or other related products and services), which are owned, controlled or managed by Stewart Surgical, LLC.
You must agree to abide by all of the provisions in this agreement in order to remain an authorized user of the Site and your use of the Site constitutes your agreement to abide by those provisions. You are solely responsible for your use of the Site and for ensuring that your use complies fully with the provisions of this agreement. Your rights are personal and non-assignable. This means that you will be responsible for the acts of anyone accessing the Site through you or using your name and password.
The Site reserves the right, in its sole discretion, to change any or all of the provisions of this agreement at any time. The Site will notify users of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to this agreement will be effective immediately upon notice to you. Your use of the Site after notice of changes to this agreement will be deemed your acceptance of the changes.
The Site reserves the right, in its sole discretion, to change any or all of the provisions of this agreement at any time. The Site will notify users of any changes by posting them on the Site or through other reasonable means of providing notice. Any changes to this agreement will be effective immediately upon notice to you. Your use of the Site after notice of changes to this agreement will be deemed your acceptance of the changes.
IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
You will use the Site and any tools, features, content, material, or information found on the Site solely for lawful, non-commercial purposes. You will not allow any third party to access the Site through your account, upload to, distribute to, or otherwise disseminate through the Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
You warrant that any material or information that you make available through the Site, including, for example, postings to comment sections and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Site. You will be solely responsible for the content of any material or information that you make available through the Site. You will also be liable for any damage resulting from making any material or information available through the Site.
By making any material or information available through the Site, you automatically grant the Site Owner a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Site, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user’s personal use.
The Site Owner has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself made available through the Site, and the Site Owner is not responsible for any content of this material or information. However, the Site Owner reserves the right to delete, move, or edit any material or information that it deems in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, the Site Owner reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
The Site Owner reserves the right to collect, use, and distribute demographic data about you and your use of the Site in forms that do not identify you individually or reveal your identity.
All content provided by the Site Owner on the Site is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by the Site Owner. The Site is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by the Site Owner. Any and all trademarks appearing on the Site are the property of the Site Owner or their respective owners.
You do not have a license, permission or authority to use any content on the Site than as provided for in this section. You will 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, found on the Site. You agree that all rights to the Site, content and any derivative work will remain with the Site Owner. You will download copyrighted content solely for your personal use, but will make no other use of the content without the express written permission of the Site Owner and the copyright owner. You will not make any changes to any content that you are permitted to download under this agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that you do not acquire any ownership rights in any downloaded content.
Certain content found on the Site may be subject to additional terms, conditions, and notices as specified in Section 10 (Content-Specific Notices) below.
You expressly agree that use of the site is at your sole risk. Neither the Site Owner nor any of its affiliates, employees, shareholders, directors, officers, 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 the use of the site, or as to the accuracy, reliability, or completeness of any content, information, material, postings, or posting responses found on the site, or any merchandise or service provided through the site, or any links to other sites made available on the site.
To the extent permitted by applicable law, the site and all content, material, information, postings, or posting responses found on the site are provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
Under no circumstances, including, but not limited to, negligence, will the Site Owner or any of its parents, subsidiaries, affiliates, employees, shareholders, directors, officers, agents, third party content providers or licensors, and their respective directors, officers, employees, and agents) be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any tool, content, information, material, postings, or posting responses on the site or the site itself. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that the Site Owner(and any of its parents, subsidiaries, affiliates, employees, shareholders, directors, officers, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) is not liable for any defamatory, offensive or illegal conduct of any user, including you.
You agree to defend, indemnify and hold harmless the Site Owner (and any of its parents, subsidiaries, affiliates, employees, shareholders, directors, officers, agents, third party content providers, or licensors, and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Site or your breach of any provision of this agreement. The Site Owner reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
You will contact us by submitting your message via this form. We will contact you by the e-mail address you provide to us, or by posting a notice on the Site.
The Site Owner may terminate this agreement and your use of the Site at any time. The Site Owner will have the right immediately to terminate your use of the Site in the event of any conduct by you which the site owner, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this agreement.
This agreement, your performance under it, and any disputes arising under it will be governed exclusively by the laws of the United States of America and the State of Tennessee, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Tennessee and the United States District Court for Tennessee in any and all actions, disputes, or controversies relating to this agreement.
This agreement and any posted rules on the Site established by the Site Owner constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either the Site Owner or you of any breach or default under this agreement will be deemed to be a waiver of any preceding or subsequent breach or default. This agreement will be binding upon and inure to the benefit of the Site Owner and its successors, trustees, and permitted assigns. The Site Owner may assign this agreement or any of its rights or obligations under this agreement with or without notice to you.
Please see the notices here regarding specific content that may be found on our Site.
Last Updated on: January 30, 2024
Stewart Surgical respects your privacy. When you use stewartsurgical.com or any other online products, services, or websites that we own (our "sites") and mobile applications (our "apps"), we collect information about you and use it to facilitate and improve our services or to present information that might be of interest to you based on data about your online activities. We want to be clear about how information about you may be used and what your privacy options are.
This Privacy Policy explains what information we collect, how we use it, how other companies may use it, and tracking technologies used to collect information. If we make any material changes to our privacy practices, we will post a revised Privacy Policy on this page. If you have any questions, please contact us.
Information collected automatically: When you visit our sites and use our apps, we automatically collect and store information about your computer or mobile device and your activities. This information includes:
Information you choose to provide: In order to use certain services or products, you may choose to provide us with information, which may include your name, email address, phone number, and demographic information. You may also choose to post content that you may share with others, through our site or through your Twitter or Facebook account. You do not have to provide any of this information to us. But if you do not provide certain information, you will not be able to use some of the services we offer. If you wish, we will delete your account information; to do so, please contact us.
We use your information to provide and improve our services, customize services for you (such as by remembering your preferences), better understand our users, and diagnose and fix problems. Email addresses and mobile phone numbers are used only for providing you the services you requested.
We may share user information with other companies for various reasons. What information we make available to other companies depends on the nature of our relationships with them. We require these other companies to keep our users' information confidential.
We, as well as other companies, use tracking technologies to collect and store data about your computer or mobile device and your activities on our sites and apps.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the NAI “Consumer Opt-out” link and the DAA opt-out link above. However, we do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT.
