TERMS AND CONDITIONS OF USE
AND LIMITATION ON DAMAGES, RELEASE, AND INDEMNIFICATION AGREEMENT
(“TERMS AND CONDITIONS”)

PLEASE READ THE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE. YOUR USE OF THE WEBSITE BINDS YOU TO THESE TERMS AND CONDITIONS

If you use this website, your use means that you fully and voluntarily agree to these Terms and Conditions. If you do not agree to all of the Terms and Conditions, do not use this website. Ascendant Orthopedic Alliance expressly reserves the right, and will from time to time, update and revise these Terms and Conditions, and this can happen at any time in Ascendant Orthopedic Alliance’s sole discretion, with or without prior notice. Those changes will be effective immediately. You agree to check this location and review the current Terms and Conditions for changes. Each time you use the Ascendant Orthopedic Alliance website you accept all changes and agree to and are bound by the current Terms and Conditions.

NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE

The Ascendant Orthopedic Alliance website and its contents are for informational purposes only. It is not intended to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider prior to starting any new treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Nothing contained in the website is intended to be for medical diagnosis or treatment. You should not disregard professional medical advice or delay in seeking it because of something you read on the Ascendant Orthopedic Alliance website or links. If you think you may have a medical emergency, call your doctor or 911 immediately.

NO PROVISION OF MEDICAL SERVICES

The Ascendant Orthopedic Alliance website is not intended to be and shall not be construed as the provision or practice of medicine, or professional health care in any jurisdiction. The Ascendant Orthopedic Alliance website is not directed to users in any particular locality, nor is it intended to constitute the doing of business in any jurisdiction, nor to be a solicitation of, nor to constitute any contacts with any jurisdiction or consent to those jurisdictions outside of the State of Indiana.

THIRD-PARTY WEBSITES AND PRODUCTS

Ascendant Orthopedic Alliance does not endorse the content of any third-party websites. Ascendant Orthopedic Alliance, without limitation, is not responsible for the content of any linked third-party websites, and does not make any representations or warranties regarding their content, accuracy, or security. Using a third-party website is done at your own risk and subject to the terms and conditions of use of those websites. Ascendant Orthopedic Alliance does not endorse any product on the Ascendant Orthopedic Alliance website, and the appropriateness of the use of any such product is dependent on your specific facts and circumstances following individual consultation with your physician and medical care providers. No promises or guarantees are made by Ascendant Orthopedic Alliance in relation to any third-party website or product.

DATA TRANSMISSION AND ASSUMPTION OF RISK

The use of the Ascendant Orthopedic Alliance website and the content is at your own risk. When using the Ascendant Orthopedic Alliance website, information is transmitted by means which are beyond the control and jurisdiction of Ascendant Orthopedic Alliance. As a result, Ascendant Orthopedic Alliance does not assume liability for or relating to the failure, interruption, delay or corruption of data or other information transmitted in connection with use of the Ascendant Orthopedic Alliance website. The Ascendant Orthopedic Alliance website and the content are provided on an “as is” basis, without representation or warranty of any kind or nature. Nothing within the website changes the “as is” nature of the website.

DISCLAIMER OF WARRANTIES AND REPRESENTATIONS AND LIMITATION OF DAMAGES

ASCENDANT ORTHOPEDIC ALLIANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THIS WEBSITE AND ITS CONTENT IS TO BE VIEWED ON AN “AS IS” BASIS ONLY AND WITHOUT ANY GUARANTEES.

WITHOUT LIMITATION OF THE ABOVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASCENDANT ORTHOPEDIC ALLIANCE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, OR SITES ACCESSED THROUGH THIS WEBSITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE ASCENDANT ORTHOPEDIC ALLIANCE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ASCENDANT ORTHOPEDIC ALLIANCE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, YOU AGREE AND STIPULATE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE ASCENDANT ORTHOPEDIC ALLIANCE WEBSITE IS TO STOP USING THE WEBSITE, AND, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, WAIVE ANY AND ALL OTHER CLAIMS AGAINST ASCENDANT ORTHOPEDIC ALLIANCE RELATED TO OR ASSOCIATED WITH THE CONTENT ON OR YOUR USE OF THE WEBSITE.

RELEASE OF ALL CLAIMS AND ONE-YEAR LIMITATIONS PERIOD

In consideration of your use and access of the Ascendant Orthopedic Alliance website, you (and your heirs, family members, agents, and associated persons and entities, as the case may be) hereby release Ascendant Orthopedic Alliance, and all of its officers, directors, agents, employees, managers, and associated persons and entities, jointly and severally, from any and all claims, damages, or causes of action arising from or associated with your use of the website, whether due to the negligence of Ascendant Orthopedic Alliance, a third-party, or otherwise, and whether known or unknown, now existing or arising in the future. This release shall be construed to the fullest extent allowed under law, and, without limitation, shall survive your use of the website and the expiration of the period under these Terms and Conditions for you to bring any claim(s). Without limitation as to the above, any and all claims arising in connection with your use of the website or its contents (if any) must be brought within one (1) year of the date of the event giving rise to such action occurred.

INDEMNIFICATION OF ASCENDANT ORTHOPEDIC ALLIANCE

You agree to defend, indemnify, and hold Ascendant Orthopedic Alliance, its officers, directors, agents, employees, managers, and associated persons and entities (jointly and severally) harmless, from and against any and all claims, actions, demands, liabilities or settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from your violation of these Terms and Conditions or resulting from or alleged to result from your use of the website. This indemnification shall be construed to the fullest extent allowed under law, and, without limitation, shall survive your use of the website and the expiration of the period under these Terms and Conditions for you to bring any claim(s).

INTELLECTUAL PROPERTY

The content of the Ascendant Orthopedic Alliance website is protected by copyright law and other federal and state laws and protections. All title and rights to the content remain with Ascendant Orthopedic Alliance. All use of the content without express permission except as allowed in these Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trademark, and other laws. If you want to make personal use of this website’s content, Ascendant Orthopedic Alliance authorizes you to view or download a single copy of the material on the website solely for your personal, noncommercial use if you include the following copyright notice: “Copyright 2018, Ascendant Orthopedic Alliance. All rights reserved” and other copyright and proprietary rights notices which were contained in the website’s content. Violations of any of the Terms and Conditions automatically terminates your permission to use the content and you are to immediately destroy all copies you have made of any portion of the website. Your limited authorization to view, download, or retain a copy is non-exclusive and fully revocable by Ascendant Orthopedic Alliance in its sole discretion, with or without prior notice or warning to you.

 

The content of this website is subject to change without notice in the absolute editorial discretion of Ascendant Orthopedic Alliance. Any and all rights not expressly granted herein are reserved to Ascendant Orthopedic Alliance, its licensors, and any of its transfers or assigns (as the case may be).

MISCELLANEOUS

Ascendant Orthopedic Alliance is based in Indiana, USA. Ascendant Orthopedic Alliance makes no claims that the content is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Ascendant Orthopedic Alliance website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms and Conditions are entered into and performed in the State of Indiana, and is governed by and shall be construed in all respects under the laws of Indiana, exclusive of its choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under these Terms and Conditions or related to the Ascendant Orthopedic Alliance website, the parties irrevocably submit to the exclusive personal jurisdiction of the courts in Elkhart County, Indiana, or if such court does not have subject-matter jurisdiction, then each party irrevocably submits to the exclusive personal jurisdiction of the United States Court for the Northern District of Indiana, sitting in South Bend, Indiana, and whichever of those two courts has jurisdiction, each party waives any jurisdictional, venue, or inconvenient forum objections to such court. In the event you are in violation of these Terms and Conditions, Ascendant Orthopedic Alliance may recover, in addition to all other rights and remedies available to it under applicable law, its reasonable attorney’s fees and costs.

These Terms and Conditions shall be construed as to their fair meaning and not strictly for or against either party. All section headings and titles herein are for convenience only and shall not impact the meaning of the terms and conditions herein. No waiver of any of the Terms and Conditions by Ascendant Orthopedic Alliance shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

These Terms and Conditions shall be construed to the fullest extent allowed under applicable law. If any part or provision of the Terms and Conditions is determined or ruled invalid or unenforceable by any court having jurisdiction to do so, that determination regarding that provision shall be applied only to the part identified and shall not affect the validity of the remaining provisions of the Terms and Conditions, and they shall remain in full force and effect.

These Terms and Conditions constitute the entire agreement between you and Ascendant Orthopedic Alliance for the use of the Ascendant Orthopedic Alliance website (unless another written agreement has been signed by you and signed by an authorized representative of Ascendant Orthopedic Alliance that is intended to control the parties’ relationship as it pertains to the use of the website). Unless waived in writing and signed by an authorized representative of Ascendant Orthopedic Alliance, specifically referencing these Terms and Conditions, then these Terms and Conditions shall govern and control in the event of any inconsistency between these Terms and Conditions and any content or statements on the website.

Ascendant Orthopedic Alliance may transfer or assign any and all of its rights or obligations under these Terms and Conditions to any third-party, in its sole discretion. You are not permitted to assign or transfer any rights or obligations under these Terms and Conditions without first receiving Ascendant Orthopedic Alliance’s written consent in a signed writing by an authorized representative of Ascendant Orthopedic Alliance, specifically referencing these Terms and Conditions.

OUR PHYSICIANS

Ascendant Orthopedic Alliance was formed by joining the two leading providers serving North Central Indiana and Southwestern Michigan. South Bend Orthopaedics (SBO) and Orthopedic and Sports Medicine Center (OSMC) bring together the current seven office locations in South Bend, Elkhart, Mishawaka, Goshen, LaPorte, Middlebury and Nappanee to form Ascendant Orthopedic Alliance.