Virtual Experience Terms of Use
Welcome to Stryker’s Virtual Showroom (the “Virtual Showroom”). Our goal is to provide you with all the information you need to enjoy
and learn about Stryker Medical’s products and services. If you continue
to browse and use the Virtual Showroom you are agreeing to comply with and
be bound by the following terms and conditions of use, which together with
our privacy policy govern Stryker Medical relationship with you in
relation to the Virtual Showroom (“Terms of Use”) and the Stryker Privacy Statement at the following link:
https://www.stryker.com/us/en/legal/privacy.html
(“Privacy Statement”). For the avoidance of doubt, the Terms of Use does not control or
govern your use of Stryker products and services.
- Terms of Enforceability. BY USING THE VIRTUAL SHOWROOM, YOU AGREE
TO ALL TERMS OF USE SET FORTH HEREIN; IF YOU DO NOT AGREE, PLEASE DO NOT
ACCESS THE VIRTUAL SHOWROOM AND LOG OUT IMMEDIATELY. By continuing to
use the Virtual Showroom in any manner, including any use of its
interactive features, you agree to be bound by these Terms of Use. Any
usage of the Virtual Showroom by you operates as an explicit
acknowledgement of these Terms of Use and Privacy Statement, and
indicates your conclusive acceptance of such terms and conditions. You
acknowledge and agree that you have freely and voluntarily entered into
these Terms of Use for the Virtual Showroom and have read and understood
each and every provision.
- No User Photography/Recording. The Stryker Medical products that
you are about to see and the information you are about to receive in the
Virtual Showroom are considered Confidential Information of Stryker
Medical. PHOTOGRAPHY, SCREENSHOTS, AND/OR VIDEO/AUDIO RECORDING ARE
STRICTLY PROHIBITED WHILE IN THE VIRTUAL SHOWROOM.
- General Restrictions. You must not (or allow any unauthorized
third party to): (i) sell, resell, copy, transfer, sublicense, lease,
divulge, or otherwise provide access to the Virtual Showroom to an
unauthorized third party; (ii) publicly disseminate information
disclosed in the Virtual Showroom; or (iii) modify or create a
derivative work of Stryker’s Virtual Showroom or any portion of it.
- Confidential Information. You agree to hold in strictest
confidence any confidential or proprietary information that arises from
or is related to the Virtual Showroom (“Confidential Information”). You hereby covenant that you will not disclose such Confidential
Information to any third party without prior written authorization of
Stryker Medical.
- Intellectual Property Ownership. Nothing in these Terms of Use
shall transfer ownership or create or imply any license or grant any
rights to you to any inventions (whether patentable or not), patents,
patent applications, trademarks, copyrights, trade secrets, know-how or
other intellectual property rights owned or controlled by Stryker
Medical, nor shall these Terms of Use grant you any rights in or to the
Confidential Information of Stryker Medical.
- Feedback. You hereby assign and transfer to Stryker Medical all
right, title, and interest in and to any ideas, feedback, improvements,
suggestions, inventions and related intellectual property, which arise
from or relate to, the products, services and methods demonstrated in
the Virtual Showroom and agree to take all further acts reasonably
required to evidence such assignment and transfer to Stryker Medical,
all at Stryker Medical’s expense.
- Recording. YOU HEREBY CONSENT TO STRYKER MEDICAL RECORDING YOUR
VIRTUAL SHOWROOM EXPERIENCE AND ATTENDANT DISCUSSIONS AND ONLINE CHATS.
- Use of the Virtual Showroom. Stryker Medical grants you a
limited, non-exclusive, non-transferable, non-assignable,
non-sublicensable, and revocable right to access the Virtual Showroom
for a limited term (as defined below) to view Stryker Medical products
to view products to assist with a purchasing decision and solely for
your internal business purposes. You represent and warrant that you are
a valid and established Stryker customer and have the necessary
authority to access and use the Virtual Showroom. You must register for
a Virtual Showroom account in order to access the Virtual Showroom.
- Passwords. You are solely responsible for protecting the
confidentiality of your password(s), and for the acts and omissions
of anyone that accesses the Virtual Showroom through use of your
password, as if such acts and omissions were your own. You agree to
immediately notify Stryker Medical of any unauthorized use of your
account or any other breach of security known to you. Stryker
Medical shall have no liability for any loss or damage arising from
your failure to comply with these requirements.
- Changes to the Site. We shall have the right at any time to
change or discontinue any aspect or feature of the Virtual Showroom,
including, but not limited to, content, hours of availability, and
equipment needed for access or use.
- Term and Termination.
- Term. This Term of Use is effective until you are no longer
authorized to use the Virtual Showroom account, you are no longer a
customer of Stryker, or you no longer have a need to access the
Virtual Showroom.
- Termination/Suspension. Stryker has the right at its
discretion to suspend or terminate your access to the Virtual
Showroom if: (i) customer breaches this Terms of Use; (ii)
customer’s account is overdue; or (iii) suspension is necessary to
prevent liability or harm to other customers or third parties, or
(iv) to preserve the security or availability of the Virtual
Showroom.
- Effect of Termination. Upon any termination, suspension, or
expiration of your account or the Terms of Use, your license rights
terminate and you must immediately cease to use the Virtual Showroom
or cease to access the Virtual Showroom. You are obligated to notify
Stryker immediately of any breach of security or unauthorized use of
the Virtual Showroom account. You will remain liable to promptly and
properly terminate authorized Virtual Showroom accounts as necessary
if the individual person is no longer an employee of customer.
- Changed Terms. Stryker Medical shall have the right at any time
to amend these Terms of Use and the Privacy Statement, effective
immediately upon notice on the Virtual Showroom, and any use of the
Virtual Showroom by you after notice is subject to the new terms of use.
- Medical Advice Disclaimer. The content of the Virtual Showroom,
including without limitation, text, copy, audio, video, photographs,
illustrations, graphics, and other visuals, is for informational
purposes only and does not constitute professional medical advice,
diagnosis, treatment, or recommendations of any kind. You should always
seek the advice of qualified health care professionals with any
questions or concerns you may have regarding your facility’s needs or
requirements.
- Indemnification. You agree to defend and indemnify Stryker or its
affiliates from and against all third-party claims and liabilities
resulting from a breach or alleged breach of your obligations or the
Terms of Use.
- Disclaimers and Limitation of Liability. All Stryker Virtual
Showroom and related services are provided “as-is” and on “as available”
basis. Stryker does not make any warranties, express or implied,
statutory or otherwise, including but not limited to warranties of
merchantability, title, fitness for a particular purpose. Stryker does
not make any representation, warranty or guarantee that the Virtual
Showroom will operate uninterrupted or that it will be free from defects
or that it will meet customer’s requirements. In no event will Stryker
be liable for any loss of use, lost or inaccurate data, interruption of
business, lost profits, costs of delay, reputational harm, or
incidental, punitive, special, cover, exemplary, or consequential
damages or attorneys’ fees or costs for any action under or related to
the Terms of Use.
- Miscellaneous.
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You must not include any PHI on or through the Virtual Showroom.
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These Terms of Use shall be governed by and construed in accordance
with the laws of the State of Michigan, without giving effect to the
principles of choice of law principles.
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These Terms of Use are intended by the parties as the final and
binding expression of their agreement and as the complete and
exclusive statement of the terms. These Terms of Use have priority
over all documents, verbal consents or understandings made between
you and Stryker Medical with respect to the subject matter hereof.
None of the terms of these Terms of Use shall be amended or modified
except in writing by Stryker Medical.