In using this website you are deemed to have read and agreed to the following Terms and Conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Bone Foam Inc.. “Party”, “Parties”, or “Us”, refers to both the Client and Bone Foam Inc., or either the Client or Bone Foam Inc.. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, the Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

All major Credit/Debit Cards are the acceptable methods of payment. Our Terms are payment in full upon order placement. All products remain the property of the Company until paid for in full. Any balance that remains outstanding by the due date will incur late payment interest at the rate of 5% on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any outstanding balances that remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Termination of Agreements and Refunds Policy

Bone Foam Inc. is committed to bringing innovative patient solutions to our customers. We are dedicated to continuous improvement by listening to customer and market needs to provide safe and uncompromised quality products as cost-effective solutions.

A product may be returned to Bone Foam Inc. by requesting a Return Merchandise Authorization within 30 days from receipt and shall be shipped back to Bone Foam no later than 45 days from receipt of the Return Merchandise Authorization. Please note, this policy only applies to coated, reusable products. Returns/Exchanges are not accepted for single use/single patient use, sterile bags, disposable items, or PPE (personal protective equipment).

The customer is responsible for the cost incurred by shipping the product back to Bone Foam Inc. with an additional 10% restocking fee. Upon receipt of the returned product back to Bone Foam Inc. the customer will be credited of the original sale price of the product (less the restocking fee) to be used at Bone Foam Inc. within 90 days of credit.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company. Certain names of this Company and Company products featured on this web site are trademarked.

Communication

Contact information can be found on our Contact page on our website.

General

By accessing this website and buying our products you consent to these terms and conditions. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.

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Terms of Use

This page outlines the terms of use (referred to as “Terms of Use” or “Agreement”) relating to your use and the use by all visitors and users of the www.bonefoam.com website (the “Site”). By accessing and browsing the Site you accept and agree to be bound by these Terms of Use. Bone Foam, Inc. (“Bone Foam”) reserves the right to change, add, delete, or modify any of the Terms of Use without prior notice to you. Please carefully read this Agreement before using this Site and review this page before each use to be aware of the then current Terms of Use to which you are bound.

Please scroll down to review the entire agreement.

Use of this Site:

Without limiting the generality of any other terms of this Agreement, you agree not to, and not to facilitate any other individual or entity to: download, modify, reproduce, reverse engineer, adapt, publicly display, license, sell, rent, create derivative works , or in any way commercially exploit any portion of this Site, except to the extent expressly permitted under this Agreement; reformat or frame any portion of any Web pages that are part of this Site; use this Site to violate security of or gain unauthorized access to any computer, device, or computer network; submit to this Site any content that implies or states falsely that such content is endorsed or sponsored by Bone Foam; remove any copyright, trademark or other proprietary rights notice contained in or on the Site. You may, however, download copies of the materials on this site (without modifying any content or notices regarding copyrights, trademarks, or otherwise) solely for your personal non-commercial use.

Disclaimer:

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, AND OF ANY USER CONTENT, SERVICES, INFORMATION, ADVICE PRODUCTS, AND OTHER MATERIALS CONTAINED OR DESCRIBED ON THIS SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT SUCH MATERIALS AND INFORMATION ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THIS SITE, PRODUCTS, AND OTHER MATERIALS AND INFORMATION DESCRIBED OR CONTAINED ON THIS SITE. THE DISCLAIMERS IN THE PREVIOUS SENTENCE APPLY TO, AND ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. THERE IS NO WARRANTY THAT THIS SITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ASPECTS. NO ADVICE OR INFORMATION, OBTAINED FROM BONE FOAM BY ANY USER OF THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BONE FOAM, ITS CONTRACTORS, ITS LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT.

Submission of Information:

Bone Foam welcomes your feedback regarding this Site and/or our products. However, Bone Foam does not want to receive any confidential, trade secret or proprietary information from you or any business or legal entity you are associated with through this Site, with the exception of your credit card and related billing information. Any opinions you submit via this Site will be deemed NOT to be confidential or proprietary. Anything you submit, with the exception of credit card and related billing information, will be deemed non-confidential and may be used by Bone Foam or its affiliates for any purpose. Although we ask that you do not send us unsolicited information, Bone Foam is free to use any ideas, concepts, know-how, inventions or techniques contained in any communication you send to the Site for any purpose, including without limitation developing manufacturing, and marketing products through the use of such information.

Intellectual Property:

All intellectual property appearing on the Site, including, but not limited to, all trademarks, service marks, trade names, trade dress, copyrights, images, illustrations, graphics, logos, text and layout and design of this Site is owned or licensed by Bone Foam. Nothing contained on this Site shall be deemed as granting by implication, estoppel or otherwise, any license or right to any patent, trademark or copyright of Bone Foam or its licensors, or to use the intellectual property of Bone Foam displayed on this Site without the express written permission of Bone Foam.

Other Site Links:

Bone Foam may provide links to other Internet sites for your convenience. Access to any other internet site linked to this Site is at the user’s own risk, and Bone Foam is not responsible for the content, accuracy or reliability of any information, data, opinions, advice or statements made on any such sites. The inclusion of any such sites does not imply any endorsement. You acknowledge that when you click on a link that leaves a Bone Foam Site, the site you are entering is beyond the control of Bone Foam. If you decide to access any of the sites linked to this Site you do so entirely at your own risk.

Limitation on Liability:

IN NO EVENT SHALL BONE FOAM OR THEIR RESPECTIVE AFFILIATES, OR THE DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SHAREHOLDERS OR ANY OF THEIR RESPECTIVE REPRESENTATIVES, BE LIABLE TO YOUR OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF DATA, SPECIAL, PUNITIVE, BUSINESS INTERRUPTION, FOR LOSS OF PROFITS, REVENUE OR GOODWILL) ARISING OUT OF THE USE OF, ACCESS TO, UNAVAILABILITY OF, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY SERVICES, PRODUCTS, USER CONTENT, REVIEWS, ADVICE, AND OTHER MATERIALS OR INFORMATION DESCRIBED OR CONTAINED IN THIS SITE, OR THE MISUSE OR DISCLOSURE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BONE FOAM TOTAL MAXIMUM LIABILITY, IN ANY EVENT, SHALL BE LIMITED TO ($50.00), NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Applicable Law:

These Terms of Use shall be governed by and interpreted according to the laws of the State of Minnesota without regard to any conflict of law provisions. If any portion of these Terms of Use is unlawful, void or unenforceable, it shall not affect the validity or enforceability of any other provision. All lawsuits arising from or relating to these Terms of Use  or your use of Bone Foam websites, shall be brought in the Federal or State courts located in Hennepin County, Minnesota, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

Termination:

Bone Foam may terminate your access to all or any part of the Site at any time, with our without cause, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by Bone Foam if you breach this Agreement and fail to cure such breach within seven (7) days from Bone Foam notice to you; provided that, Bone Foam can terminate the Site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty and liability disclaimers, and indemnity.

Miscellaneous:

These Terms of Use  are deemed accepted by you upon your use of this Site, and they constitute the entire Agreement among you and Bone Foam regarding use of this Site. Any failure by Bone Foam to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force, effect, and be enforceable. The headings in this Agreement are for convenience only and have no legal or contractual effect. These Terms of Use include and incorporate by reference the Bone Foam Site Privacy Statement. Please contact us with any questions regarding this Agreement, at sales@bonefoam.com.