367347      Gaps closed by Orthofill®


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In no even shall Orthofill be directly or indirectly liable for any special, punitive, incidental, special, exemplary or consequential damages or any damages whatsoever even if Orthofill has been advised by any party of any possibility of such damages, wether in negligence or action under contract or any orther theory arising out of or in connection with the use or any type of inability to use, or perfomance of the information or products available from this site or any of its sister sites. Any of these limitation notwithstanding any failure of lack of information.

You agree to indemnify, defend, and hold harmless Orthofill, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

Your use of this Site shall be governed in all respects by the laws of the province of Ontario Canada., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Orthofill products or any of its derivatives) shall be in the state or federal courts located in Ontario Canaga. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Orthofill products) must be commenced within one year after the claim or cause of action arises. Orthofill’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Orthofill may assign its rights and duties under this Agreement to any party at any time without notice to you.

Orthofill makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Ontario do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the Province of Ontario Canada.

By using this Site, you agree that Orthofill, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.

Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

Orthofill may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

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