Last Revised December 14, 2016
Welcome to the Newport Orthopedic Institute (with its affiliates, collectively
referred to as “NOI”) website and thank you for visiting.
http://www.newportortho.com/ and other websites, online locations and apps of NOI (the “Sites”).
Through this Agreement, NOI grants you permission to use the Sites subject
to the terms of this Agreement. This Agreement forms a legally binding
agreement between you and NOI that is effective as if you had signed it.
If at any time, you do not agree to these terms, please do not access
or use the Sites or any content.
1. NO MEDICAL ADVICE ON SITES
The Sites provide general background and educational information. This
information is not provided in the course of a professional relationship
between a health care provider and a patient. It is not intended to be,
and should not be used as, a substitute for medical treatment by a health
NOI will not make a diagnosis of your condition or recommendation about
a course of care or treatment for your particular circumstances through
the use of the Sites. You should not assume that information on a particular
topic on the Sites is complete or up-to-date. Content, such as words,
pictures, videos and other material found on the Sites, is for informational
use only. Information provided through the Sites is not intended to take
the place of advice from your doctor or other health care professional
on care, diagnosis or treatment. Always speak with your doctor or other
health care professional about any questions you may have about a medical
problem. Never ignore your doctor’s advice or wait to get medical
help because of something you have read on the Sites. If you think you
may have a medical emergency, call your doctor or dial 911 immediately.
2. ACCEPTANCE OF AGREEMENT
You must agree to this Agreement before you access, browse or use the Sites.
Your use of the Sites is conditioned upon your acceptance of the terms
set forth in this Agreement. If you do not agree to the terms set forth
in this Agreement, you may not use the Sites.
By undertaking any of the following actions, you agree to be bound by the
terms of this Agreement:
- using the Sites;
- registering to create an online account on a Site as described below; or
- clicking that you accept or agree to these terms if presented with the
option to do so.
By agreeing to this Agreement, you acknowledge and agree that you have
read, understand and accept the terms described below and you agree to
be bound by these terms and all terms, policies and guidelines incorporated
in the Agreement by reference.
3. YOUR USE OF THE SITES
The Sites are directed to individuals residing in the United States. You
may use the Sites for personal or non-commercial purposes only. Any commercial
use of the Sites or content, such as selling content, posting information
on another website or otherwise copying, publishing or distributing the
content for commercial use, is prohibited. You may not modify the Sites,
or remove or obscure any acknowledgements, credits or notices on the Sites.
Use of the Sites by children under the age of 13 is prohibited. By using
the Sites, you warrant that you are 13 years of age or older. If you provide
information to a Site, you warrant that you are 18 years of age or older.
If you are 13-17 years of age, you may access the Site, but you may not
submit any information and you warrant that you have the permission of
your parent or guardian who agrees to this Agreement on your behalf.
In addition, in using the Sites you agree not to:
- frame all or part of any Site, or use automated devices to search or scrap
- change or delete any proprietary notices from materials downloaded or printed
out from the Sites;
- systemically download or print materials from the Sites;
- transmit or provide any data from the Sites to a third party;
- use the Sites in a manner or for any purpose contrary to any applicable law;
- upload or transmit any communications or content of any type that infringes
or violates any rights of any party;
- use the Sites as a means to distribute advertising or other unsolicited
material to any third party;
- post material that is unlawful, obscene, defamatory, threatening, harassing,
abusive, slanderous, hateful or embarrassing to any other person or entity
as determined by NOI in its sole discretion;
- impersonate another person on the Sites or through use of the Sites.
Additional terms may apply to sweepstakes, contests, surveys or other activities
that may be offered on the Sites.
4. REGISTRATION AND ACCOUNTS
Some services offered on the Sites may require that you register to create
an account. You must provide complete and accurate information during
registration, including your first name, last name, date of birth, zip
code, social security number and email address, and update your information
should it change in the future.
You must maintain the confidentiality of your username and password. You
agree to immediately notify NOI at
feedback@NewportOrtho.com of any unauthorized use of your username or password or any other breach
of security. If a password is lost or stolen, it is your responsibility
to change the password, and immediately notify NOI. NOI may assume that
any use of your password is made and authorized by you.
5. NOI’S PROPRIETARY RIGHTS
NOI or its licensors own and retain all right, title, and interest to the
Sites, their content, and any updates that may be provided to you under
this Agreement. Any unauthorized use of the Sites, their content or updates
is strictly prohibited and may be a violation of law.
All text, graphics, code, data, audio, video or other content on the Sites
is protected by United States and international copyright laws. You may
download and reprint a single copy of materials from the Sites only for
your personal, non-commercial use, provided you include all applicable
acknowledgements, credits or notices. Any other use of the content is
strictly prohibited without the prior written permission of NOI and its
6. PRIVACY AND COLLECTION OF INFORMATION
NOI collects information about you through your use of the Sites. By using
the Sites, you agree that NOI may collect, retain, use and share information
collected through your use of the Sites in accordance with the NOI Privacy
Policy, located at
http://www.newportortho.com/Legal/Privacy-Policy.aspx which is incorporated by reference in this Agreement.
7. LINKS TO OTHER SITES
The Sites may contain links to other websites or online locations, and
other websites or online locations may provide links to the Sites. These
links are provided for your convenience only. NOI does not control these
other websites or online locations and assumes no liability or responsibility
for them, including any content or services provided to you by them or
links from them. You should not consider any link to or from another website
or online location as an endorsement by NOI unless NOI expressly states
so. NOI may take down or block links at any time in its sole discretion.
8. USER CONTENT
The Sites may include features which allow users to submit content that
others can access, both within the Sites and through social media, apps,
APIs and the like. You retain any rights you hold in content that you
submit. All content submitted to the Sites is the sole responsibility
of the user who submitted the content. NOI may or may not screen, review,
monitor or respond to any content submitted to the Sites by users, and
is not responsible for the accuracy or truthfulness of any user content.
However, NOI reserves the right to edit, block, or remove any content
at any time. Use of or reliance on user content is entirely at your own risk.
By submitting content to the Sites, you grant NOI a royalty-free, perpetual,
irrevocable, worldwide license, without further compensation, to use,
host, store, reproduce, modify, create derivative works, communicate,
publish, publicly perform, publicly display, and distribute such content.
This license continues indefinitely beyond termination of this Agreement
for any reason by any party. You warrant and covenant that the content
you submit is true, your own original work, and does not violate any applicable
law, infringe or violate any other person’s or entity’s rights,
or require any third-party releases or any payment to a third party.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the
laws of the State of California, without giving effect to choice of law
principles. If any claim or action is initiated by you or on your behalf
directly or indirectly arising from this Agreement or related to the Sites,
you irrevocably agree to submit to the exclusive personal jurisdiction
of the state or federal courts located in or serving Orange County, California.
You waive any jurisdictional, venue or inconvenient forum objections to
such courts. Any such claim or action will be brought individually and
not on a class-wide basis. You knowingly waive any right to participate
in any form of “class,” “joint” or “representative”
litigation (including in any “private attorney general capacity”)
against NOI concerning any such action or claim.
If any of the provisions of this Agreement are held to be not enforceable
by a court or other tribunal of competent jurisdiction, then such provisions
will be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect.
10. MODIFICATION OR TERMINATION OF AGREEMENT OR SITES
NOI may, in its sole discretion, change or modify any of the terms contained
in this Agreement at any time by posting changes at
http://www.newportortho.com/terms-of-use.aspx (or another URL that NOI may provide from time to time). You are advised
to regularly review the Agreement for updates. You can determine when
the Agreement was last changed by referring to the “Last Revised”
legend at the top of this page. Each time you access, use or browse the
Sites, you signify your acceptance of the then-current Agreement.
NOI may, in its sole discretion, terminate your access to the Sites, or
any portion thereof, or discontinue providing the Sites, or any portion
thereof, with or without notice. These actions are in addition to and
not in lieu or limitation of any other right or remedy NOI may have available
at law. NOI will not be liable to you or any third party for any such
termination or discontinuance. Your sole and exclusive remedy for dissatisfaction
with the Sites is to stop using the Sites.
11. Disclaimers and Limitation of Liability
THE SITES AND ALL CONTENT ON THE SITES IS PROVIDED TO YOU ON AN “AS
IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
NOI MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY
OF ANY CONTENT AVAILABLE THROUGH THE SITES. YOU ARE RESPONSIBLE FOR VERIFYING
ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITES AND CONTENT IS
AT YOUR SOLE RISK.
NOI MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE
UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY
PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS
FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOI DISCLAIMS ALL LIABILITY, WHETHER
BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITES OR THE
CONTENT, EVEN IF NOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some jurisdictions do not allow limitations on how long an implied
warranty lasts, or the exclusion or limitation of liability for consequential
or incidental damages, the above limitations may not apply to you. This
Limitation of Liability shall be to the maximum extent permitted by applicable law.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NOI AND ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS,
LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS,
SPONSORS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM,
FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT
LIMITATION REASONABLE ATTORNEYS' FEES, MADE BY YOU OR ON YOUR BEHALF
OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE
ON THE SITES OR ANY CONTENT, PRODUCTS, SERVICES, BRANDS, OR ACTIVITY,
YOUR DEALINGS IN CONNECTION WITH THE SITES OR NOI, OR YOUR SUBMISSION(S)
OF ANY MATERIALS TO THE SITES OR NOI; (B) YOUR VIOLATION OF THIS AGREEMENT,
ANY APPLICABLE LAWS, OR THE RIGHTS OF NOI OR ANY THIRD PARTY; OR (C) ANY
ACTIVITY RELATED TO YOUR ACCOUNT OR PASSWORD, IF ANY.
13. Miscellaneous Provisions
This Agreement sets forth the entire understanding and agreement between
NOI and you with respect to the Sites. NOI’s failure to act with
respect to a breach by you or others of this Agreement does not waive
NOI’s right to act with respect to subsequent or similar breaches.
You may not assign or transfer this Agreement or your rights or obligations
under this Agreement without the prior written consent of NOI. There are
no third-party beneficiaries to this Agreement.
NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, users are entitled to
the following specific consumer rights notice:
The name, address and telephone number of the provider of the Sites is
Newport Orthopedic Institute, 22 Corporate Plaza Drive, Newport Beach,
CA 92660, phone
(949) 722-7038. Complaints regarding the Sites or content or requests to receive further
information regarding use of the Sites or content may be sent to the above
address or to
The Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing
at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by
If you have questions about this Agreement or the Sites, you may contact us at
(949) 722-7038, or Newport Orthopedic Institute, 22 Corporate Plaza Drive, Newport Beach, CA 92660.