Website Legal Policies

Blue Diamond Orthopedic (BDO)

bluediamondorthopedic.com (BDO)

bluedortho.com (BDO)

Website Legal Policies

Table of Contents

Website Terms and Conditions
Privacy Statement
Copyright Notice
Medical Disclaimer
Legal Disclaimer
Linking Policy
Cookies Policy
Anti-Spam Policy

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Website Terms and Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our BDO’s use of cookies in accordance with the terms of BDO’s privacy and cookies policies.

License to use website

Unless otherwise stated, BDO and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without BDO’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without BDO’s express written consent.

Restricted access

Access to certain areas of this website is restricted. BDO reserves the right to restrict access to other areas of this website, or indeed this entire website, at BDO’s discretion.

If BDO provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

BDO may disable your user ID and password in BDO’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to BDO a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to BDO the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or BDO or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

BDO reserves the right to edit or remove any material submitted to this website, or stored on BDO’s servers, or hosted or published upon this website.

Notwithstanding BDO’s rights under these terms and conditions in relation to user content, BDO does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. BDO makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, BDO does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

BDO will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if BDO has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit BDO’s liability in respect of any:

  • death or personal injury caused by BDO’s negligence;
  • fraud or fraudulent misrepresentation on the part of BDO; or
  • matter which it would be illegal or unlawful for BDO to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Sample Brace

We reserve the right to decline a sample brace to anyone for any reason.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, BDO has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against BDO’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect BDO’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as BDO.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify BDO and undertake to keep BDO indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by BDO to a third party in settlement of a claim or dispute on the advice of BDO’s legal advisers) incurred or suffered by BDO arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to BDO’s other rights under these terms and conditions, if you breach these terms and conditions in any way, BDO may take such action as BDO deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

BDO may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

BDO may transfer, sub-contract or otherwise deal with BDO’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and BDO in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with laws of the State of Florida, and any disputes relating to these terms and conditions will be subject to the exclusive/non-exclusive jurisdiction of the courts of Orange County, Florida, United States.

Blue Diamond Orthopedic’s details

The full name of BDO is Blue Diamond Orthopedic.

You can contact BDO by going to the Contact Us page of this site.

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Privacy Statement

Your privacy is important to BDO. This privacy statement provides information about the personal information that BDO collects, and the ways in which BDO uses that personal information.

Personal information collection

BDO may collect and use the following kinds of personal information:

  • information about your use of this website;
  • information that you provide using for the purpose of registering with the website (including name, email and phone number;
  • information about transactions carried out over this website;
  • information that you provide for the purpose of subscribing to the website services; and
  • any other information that you send to BDO.

Using personal information

BDO may use your personal information to:

  • administer this website;
  • personalize the website for you;
  • enable your access to and use of the website services;
  • send you products that you purchase;
  • send you statements and invoices;
  • collect payments from you; and
  • send you marketing communications.

Where BDO discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, BDO may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

BDO will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.

BDO will store all the personal information you provide on its secure servers.

Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Cross-border data transfers

Information that BDO collects may be stored and processed in and transferred between any of the countries in which BDO operates to enable the use of the information in accordance with this privacy policy.

In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information.

Updating this statement

BDO may update this privacy policy by posting a new version on this website.

You should check this page occasionally to ensure you are familiar with any changes.

Other websites

This website may contain links to other websites.

BDO is not responsible for the privacy policies or practices of any third party.

Amazon Associates Disclosure

BDO is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com

 

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Copyright Notice

Copyright © 2015-2018 Blue Diamond Orthopedic – bluediamondorthopedic.com (BDO)

Ownership of copyright

The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by BDO.

Copyright license

BDO grants to you a worldwide non-exclusive royalty-free revocable license to:

  • view this website and the material on this website on a computer or mobile device via a web browser;
  • copy and store this website and the material on this website in your web browser cache memory; and
  • print pages from this website for your own personal and non-commercial use.

BDO does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, show or play in public this website or the material on this website (in any form or media) without BDO’s prior written permission.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by writing to admin@bluedortho.com or 6439 Milner Blvd Suite 4, Orlando, FL 32809.

Enforcement of copyright

BDO takes the protection of its copyright very seriously.

If BDO discovers that you have used its copyright materials in contravention of the license above, BDO may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of BDO’s copyright materials that contravenes or may contravene the license above, please report this by email to admin@bluedortho.com or mail to 6439 Milner Blvd Suite 4, Orlando, FL 32809.

Infringing material

If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to admin@bluedortho.com or by mail to 6439 Milner Blvd Suite 4, Orlando, FL 32809.

 

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Medical Disclaimer

No advice

This website contains general information about medical conditions and treatments. The information is not advice, and should not be treated as such.

Limitation of warranties

The medical information on this website is provided “as is” without any representations or warranties, express or implied. BDO makes no representations or warranties in relation to the medical information on this website.

Without prejudice to the generality of the foregoing paragraph, BDO does not warrant that:

  • the medical information on this website will be constantly available, or available at all; or
  • the medical information on this website is complete, true, accurate, up-to-date, or non-misleading.

Professional assistance

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider.

If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider.

If you think you may be suffering from any medical condition, you should seek immediate medical attention.

You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

Liability

Nothing in this medical disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

 

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Legal Disclaimer

No advice

This website contains general information about legal matters. The information is not advice, and should not be treated as such.

Limitation of warranties

The legal information on this website is provided “as is” without any representations or warranties, express or implied. BDO makes no representations or warranties in relation to the legal information on this website.

Without prejudice to the generality of the foregoing paragraph, BDO does not warrant that:

  • the legal information on this website will be constantly available, or available at all; or
  • the legal information on this website is complete, true, accurate, up-to-date, or non-misleading.

Professional assistance

You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider.

If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.

You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

Liability

Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

 

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Linking Policy

Status of linking policy

BDO welcomes links to this website made in accordance with the terms of this linking policy.

By using this website, you agree to be bound by the terms and conditions of this linking policy.

Links to this website

Links pointing to this website should not be misleading.

Appropriate link text should always be used.

From time to time the URL structure of this website may be updated, and unless BDO agrees in writing otherwise, all links should point to www.bluediamondorthopedic.com.

You must not use the BDO logo to link to this website without BDO’s express written permission.

You must not link to this website using any inline linking technique.

You must not frame the content of this website or use any similar technology in relation to the content of this website.

Links from this website

This website may include links to other websites owned and operated by third parties. These links are not endorsements or recommendations.

BDO has no control over the contents of third party websites, and BDO accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Removal of links

You agree that, should BDO request the deletion of a link to our website that is within your control, you will delete the link promptly.

If you would like BDO to remove a link to your website that is included on this website, please contact BDO using the contact details below. Note that unless you have a legal right to demand removal, such removal will be at our discretion.

Changes to this linking policy

BDO may amend this linking policy at any time by publishing a new version on this website.

Contact us

Should you have any questions about this linking policy, please contact BDO by going to the Contact Us page or by using the contact details at the end of this document.

 

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Cookies Policy

About cookies

This website uses cookies. By using this website and agreeing to this policy, you consent to BDO’s use of cookies in accordance with the terms of this policy.

Cookies are files sent by web servers to web browsers, and stored by the web browsers.

The information is then sent back to the server each time the browser requests a page from the server. This enables a web server to identify and track web browsers.

There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

Cookies on our website

BDO uses the following cookies on this website, for the following purposes:

  • Google Analytics
  • Google AdSense

Google cookies

BDO uses Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store and use this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html

BDO publishes Google AdSense interest-based advertisements on this website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour across the web using cookies. You can view, delete or add interest categories associated with your browser using Google’s Ads Preference Manager, available at: http://www.google.com/ads/preferences/. You can opt-out of the AdSense partner network cookie at: http://www.google.com/privacy_ads.html. However, this opt-out mechanism uses a cookie, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you should use the Google browser plug-in available at: http://www.google.com/ads/preferences/plugin.

Refusing cookies

Most browsers allow you to refuse to accept cookies.

In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.

In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”.

In Chrome, you can block all cookies by clicking “Settings”, “Show advanced settings…”, “Content settings” (under Privacy).

Blocking cookies will have a negative impact upon the usability of some websites.

 

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Anti-Spam Policy

What is spam?

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.

BDO has a zero-tolerance spam policy.

Automated spam filtering

BDO’s messaging systems automatically scan all incoming email and other messages, and filter-out messages that appear to be spam.

Problems with spam filtering

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by BDO’s systems.

If you believe this has happened to a message you have sent, please advise the message recipient by another means.

You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

Receipt of unwanted messages from BDO

In the unlikely event that you receive any message from BDO or sent using BDO’s systems that may be considered to be spam, please contact BDO using the details below and the matter will be investigated.

Changes to this anti-spam policy

BDO may amend this anti-spam policy at any time by publishing a new version on this website.

Contact BDO

If you have any questions about any of BDO’s policies, please write:

 

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Credit

TERMS AND CONDITIONS – This document was created using a Contractology template available at http://www.freenetlaw.com.

PRIVACY STATEMENT – This document was created using a Contractology template available at http://www.freenetlaw.com.

COPYRIGHT NOTICE – This document was created using a Contractology template available at http://www.freenetlaw.com.

MEDICAL DISCLAIMER – This document was created using a Contractology template available at http://www.freenetlaw.com.

LEGAL DISCLAIMER – This document was created using a Contractology template available at http://www.freenetlaw.com.

LINKING POLICY – This document was created using a Contractology template available at http://www.freenetlaw.com.

COOKIES POLICY – This document was created using a Contractology template available at http://www.freenetlaw.com.

ANTI-SPAM POLICY – This document was created using a Contractology template available at http://www.freenetlaw.com.

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