Terms of Use

Last Updated on: Aug 2nd, 2024

Acceptance of the Terms of Use

These Terms of Use (hereinafter referred to as “Terms of Use”) are entered into by and between you and Foundation Surgical Group, Inc. and its affiliates (”Foundation Surgical”, “we”, or “us”). These Terms of Use govern your access to and use of https://foundationsurgical.com, including but not limited to any content, functionality, and services offered on or through https://foundationsurgical.com (The “Website”).

Please read the Terms of Use carefully before using the Website. For the purposes of these Terms of Use, “you” and “your” means you as the visitor or user of the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

If you are below the age of consent under applicable law, then your parent or legal guardian must read and accept these Terms of Use in your name and on your behalf. You represent and warrant that you are at least eighteen (18) years of age. If you are under the age of eighteen (18), you may not, under any circumstances or for any reason, use the Website.

The Website does not provide medical advice nor does it create a healthcare provider/patient relationship between you and Foundation Surgical or otherwise. Any services provided by or content accessed from the Website are for informational purposes only and are not intended to replace the advice of your healthcare provider. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Call 911 or a healthcare provider for all medical emergencies. WITHOUT LIMITATION TO THE TERMS OF THE “DISCLAIMER OF WARRANTIES” FOUNDATION SURGICAL IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE WEBSITE.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any of the Website are totally or partially unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for making all arrangements necessary for you to have access to the Website. Furthermore, you shall ensure that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof) are owned by Foundation Surgical, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your web browser for display enhancement purposes; and
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

Modify copies of any materials from the Website;
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website; or
Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our discretion, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Foundation Surgical. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Our name, the Terms of Use, our registered trademarks, and all related names, logos, product and service names, designs and slogans are trademarks of Foundation Surgical or its affiliates or licensors. You must not use such marks without the prior written permission of Foundation Surgical. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may only use the Website for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (set forth below);
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
To impersonate or attempt to impersonate Foundation Surgcial, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Foundation Surgical or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair any of the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Website;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server or servers on which the Website are stored, or any server, computer, or database connected to the Website.;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
Enter information on the Website that is offensive, vulgar or obscene; or
Otherwise attempt to interfere with the proper working of the Website.

External Links

The Website includes links to external third-party websites but these Terms of Use do not apply to such websites. We have no influence on the content of those third-party websites, therefore we are not responsible for such content. Your use of third-party websites is at your own risk and subject to the terms of use applicable to such websites. Foundation Surgical disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.

Copyright Policy

If any third-party contributes content on the Website and if you believe that such contribution violates your copyright, please send a notice (a “DMCA Notice”) of copyright infringement to our Digital Millennium Copyright Act (“DMCA”) agent below:

Foundation Surgical Group, Inc.
Email: info@foundationsurgical.com
Phone: (727) 209-7436
Postal Address: 7327 E Tierra Buena Lane, Suite 101,
Scottsdale, Arizona 85260

Your notice must include substantially the following:

Your physical or electronic signature;
Identification of the copyrighted work on the Website you believe to have been infringed or, if the claim involves multiple works, a representative list of such works;
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the written notice is accurate; and
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you post content on the Website and if you believe that such content was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “DMCA Counter Notice”) by submitting written notification to our DMCA agent.

The Counter Notice must include substantially the following:

Your physical or electronic signature;
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

If you fail to comply with all of the above requirements, your DMCA Notice or DMCA Counter Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was (i) removed or disabled by mistake or misidentification, or (ii) infringing on your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.

It is the policy of Foundation Surgical to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content specifically provided by Foundation Surgical, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Foundation Surgical.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the materials on the Website may be out of date at any given time, and we are under no obligation to update such materials.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Geographic Restriction

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

We cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Websites for any reconstruction of any lost data. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. NEITHER FOUNDATION SURGICAL NOR ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. NEITHER FOUNDATION SURGICAL NOR ITS AFFILIATES REPRESENTS OR WARRANTS THAT DEFECTS OF THE WEBSITE OR ANY FUNCTIONALITIES THEREOF WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PERMITTED BY LAW, FOUNDATION SURGICAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FOUNDATION SURGICAL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Compliance with Applicable Laws

You are solely responsible for ensuring compliance with all applicable laws, rules and regulations of your specific jurisdiction.

Indemnification

You shall indemnify, defend, and hold Foundation Surgical, its affiliates, its officers, directors, employees, agents, successors and assigns harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of, in connection with or related to your violation of these Terms of Use, your use, or misuse of the Website or any information obtained from the Websites.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state or federal courts with jurisdiction in the State of Arizona county of Maricopa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by Foundation Surgical of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Foundation Surgical to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

You may not assign any right or interest under these Terms of Use or delegate any other obligation arising hereunder without our prior written consent. Any attempted assignment shall be null and void. We may assign our rights and/or delegate our obligations under these Terms of Use at any time.

Entire Agreement

You shall indemnify, defend, and hold Foundation Surgiacl, its affiliates, its officers, directors, employees, agents, successors and assigns harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of, in connection with or related to your violation of these Terms of Use, your use, or misuse of the Website or any information obtained from the Websites.

Your Comments and Concerns

This Website is operated by Foundation Surgical Group, Inc.

All notices of copyright infringement claims should be sent to our DMCA agent as set forth above (see Section “Copyright Policy”).

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@foundationsurgical.com