LEGAL SAS au capital de 150.800 € Siège social: Plateforme Technologique d’Innovation Biomédiale de Xavier Arnozan Hôpital Xavier Arnozan, avenue du Haut Lévèque - 33600 Pessac - France Tel +33 (0)5 57 10 28 54 Siret: 48511780800025 RCS Bordeaux – NAF: 7211Z TERMS OF USE PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use ("Terms") describe rules for visitors to this website located at www.creaspine.com. You should review the terms of use posted on this website when you visit it. Readers may see information on this site about products or therapies that are not available or authorised in their country. These Terms of Use were last updated on 9th March 2007. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the Site. By using this Site, it means you accept the Terms of Use. The terms "we", "our" and "Creaspine" mean Creaspine SAS, and any of its affiliated companies. "You" means you, the user of this Site. ABOUT THE INFORMATION ON THIS WEB SITE Much of the information on this web site relates to products and services offered by Creaspine. The materials on this web site are for your general information only. There may be special rules for the use of materials provided on certain parts of this web site. These special rules will be posted near the materials (as an example, video of surgical technique for consultation by healthcare professional only). OUR COPYRIGHTS AND TRADEMARK The materials on this web site belong to or are licensed to us. If you use the materials or trademarks on this web site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. 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. LINKS TO THIS WEB SITE AND USE OF CREASPINE MARKS You are hereby granted a non-exclusive, limited, and revocable license to link to this web site. Creaspine reserves the right to revoke this license generally, or your right to use specific links, at any time. If Creaspine 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 organisation, 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 this web site to a server. You agree not to display or use the Creaspine brand or logo in any manner without our prior written permission. LINKS TO OTHER WEB SITES This web site may contain links to web sites not operated by Creaspine. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other web sites. These web sites may contain information about uses of Creaspine products or therapies that have not been approved in the United States or your region. We do not control or endorse this type of information. We are not responsible for 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. YOUR FEEDBACK, COMMENTS AND IDEAS While we are pleased to receive feedback, comments and ideas from visitors to this web site, we want you to understand that 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 hereby grant Creaspine an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Creaspine is 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. CREASPINE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CREASPINE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE. CREASPINE 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. Some regions do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER CREASPINE NOR ANY PERSON OR COMPANY ASSOCIATED WITH CREASPINE 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 CREASPINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, BUSINESS PARTNERS 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 CREASPINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED € 100. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME REGIONS. IN NO EVENT SHALL CREASPINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, BUSINESS PARTNERS 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 MEDTRONIC 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", "No Warranties" and "Limitation of Liability" will survive termination of these Terms of Use. 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. Should you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold Creaspine 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 Creaspine, or in any way relating to your use of this web site, is in the Bordeaux Tribunal, France. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Creaspine or its affiliates, employees, officers, directors, agents, business partners or suppliers. These Terms of Use are governed by the internal substantive laws of Bordeaux, without respect to its conflict of laws principles. QUESTIONS, COMMENTS, AND NOTICES Creaspine may deliver notice to you by electronic mail, a general notice on this web site, or by written communication delivered by mail to your address on record with Creaspine. You may deliver notice to Creaspine by using the Contact Creaspine feature, or at: Creaspine Plateforme Technologique d’Innovation Biomédicale de Xavier Arnozan Hôpital Xavier Arnozan, Avenue du Haut Lévèque, 33600 Pessac, France PRIVACY STATEMENT PLEASE READ THIS PRIVACY STATEMENT CAREFULLY. Privacy is very important to us. We also understand that privacy is very important to you. This Privacy Statement ("Privacy Statement") tells you how we protect and use information that we gather through this website located at www.creaspine.com. This Privacy Statement was last revised on 9th March 2007. We may change this Privacy Statement at any time and for any reason. Significant changes to the Privacy Statement are discussed below in the Section called "Changes to the Privacy Statement." We encourage you to look to this Privacy Statement each time you visit the Site. By using this Site, you agree to the terms of this Privacy Statement. Please read our Terms of Use to understand the general rules about your use of this Site. Except as written in any other disclaimers, policies, terms of use, or other notices on this Site, this Privacy Statement and the Terms of Use are the complete agreement between you and Creaspine with respect to your use of this Site. You may be subject to additional terms that may apply when you access particular services or materials on certain areas in this Site, or by following a link from this Site. INTRODUCTION The information we receive, and how we use it, depends on what you do when visiting our Site. We collect and use your non-personal information (information that is not identifiable to you personally) differently than your personal information. WHAT IS NON-PERSONAL INFORMATION? Each time you visit this Site to read or download information we may collect certain information about you from your computer. This information is collected from your computer's web browser and may include information such as the following ("non-personal information"): - the type of web browser software you use (for example, Netscape Navigator or Internet Explorer) - the name of the domain from which you access the Internet - the Internet address of the website from which you linked directly to our Site - the date and time you access our Site If you only read or download information on our Site, we do not collect or learn your name, e-mail address, home address, or other personal information about you. We may place a text file called a cookie in the browser files of your computer when you visit. The cookie may be stored on your computer's hard drive. The information that we collect using cookies is non-personal information. You are always free to decline our cookies if your browser permits, but some parts of our Site may not work properly for you if you do so. We will not allow third parties to place cookies on our Site. WHAT DOES CREASPINE DO WITH NON-PERSONAL INFORMATION? We will use non-personal information to help us make our Site more useful to visitors and for other business purposes. We may prepare reports and other materials using non-personal information. Since these reports and materials contain no personal information, we may share them with others. WHAT IS PERSONAL INFORMATION? In some places on this Site you may have the chance to send us information about yourself. For example, the Site may include a survey or an e-mail form. The information ("personal information") that we collect if you fill out a registration form or survey, or when you ask us to personalise your visits to our Site, may include, for example: - Your name - address - e-mail address - Telephone contact information - other personal information such as what medical device you have. HOW DOES CREASPINE USE PERSONAL INFORMATION? By submitting personal information (such as your name, address, e-mail address, telephone number, or medical device), you agree that we may keep a record of it and may use it to respond to your request and to update your implant record in compliance with applicable requirements. We also may use your personal information to help us in our business, including but not limited to improving this Site and marketing and product development. You also agree that Creaspine may share your personal information with others who help Creaspine with these activities. They may not use or share your personal information with others except for the purpose of assisting Creaspine with our business activities pursuant to our request. We will not sell exchange or publish your personal information without your permission, except in conjunction with a corporate sale, merger, dissolution, acquisition, or other similar event. You agree that we may use your personal information to mail or email information to you about Creaspine and our products and services. IS CREASPINE EVER REQUIRED TO SHARE PERSONAL INFORMATION WITH THIRD PARTIES? Except as otherwise written in this Privacy Statement, we will keep your personal information private and will not share it with others, unless the disclosure is necessary to: - comply with a law or regulation, court order or other legal process - protect our rights or property - enforce our Terms of Use or this Privacy Statement - protect someone's health or safety. WHAT HAPPENS IF THE PRIVACY STATEMENT CHANGES? If we decide to make a significant change to our Privacy Statement, we will post a notice on the homepage of our Site for a period of time after the change is made. WHAT ABOUT PRIVACY ON OTHER SITES? This Site may contain links to other websites. We provide these links for your convenience, but we do not review, control, or monitor the privacy practices of websites operated by others. We are not responsible for the performance of these sites or for your business dealings with them. Your use of other websites is subject to the terms and conditions of those sites, including the privacy policies of those sites. HOW TO CONTACT CREASPINE BUSINESS? If you have questions or comments about this Privacy Statement, please send an email to info@creaspine.com or send us a letter to the following address: Creaspine Plateforme Technologique d’Innovation Biomédicale de Xavier Arnozan Hôpital Xavier Arnozan, Avenue du Haut Lévèque, 33600 Pessac, France