Terms & Conditions

Welcome to the ReGen Biologics’ World Wide Web site.  Your use of this Site is subject to the terms and conditions and to the licenses and permissions set forth below, so please take the time to review them.

Terms of Use
By accessing, using or viewing this Site, you hereby agree to be bound by this Terms of Use Agreement (“Terms of Use”).  ReGen Biologics may revise these Terms of Use at any time by updating this posting.  If you access, use or view this Site after such revisions have been made, you will be bound by them.  Therefore, you are advised to periodically review this page for such revisions.  If you do not agree to these Terms of Use, please exit this Site.  A link to these Terms  is posted prominently on the home page of this Site and will be continually available for your review.

Disclaimer
Please review our “Disclaimer of Warranties” section below for legal disclaimers that apply to your use of this Site. 

Some Definitions
Following are some definitions that explain some of the terminology used in these Terms.  The terms defined below have the meanings specified below, whether or not the term as used is capitalized.

The words “you” and “your” refer to the end user of this Site, including without limitation, corporations or other business entities, and their agents, as applicable.

“ReGen Biologics” refers to ReGen Biologics, Inc. [and to each of its subsidiaries and affiliates].

The words “we,” “our” and other first person pronouns refer to ReGen Biologics.

“Site” means the ReGen Biologics’ World Wide Web site, including without limitation, the home page and all associated pages accessible through the home page directly or through additional links, but does not include third-party web sites not maintained or sponsored by ReGen Biologics.

Password Maintenance & Protection
This Site contains some services that may only be accessed by entering a user name and password.  You are responsible for maintaining the confidentiality of your username and password.  You agree not to disclose your password to any other person or entity, share your password with any other person or entity, or give any other person or entity access to this Site.  You further agree to accept responsibility for all activities that occur under your username and password and to change your password if you learn that its security has been compromised.  Please be sure to exit or sign off after you have finished your visit to this Site.

ReGen Biologics reserves the right to block access, refuse service and terminate or change usernames and passwords at any time for any reason.

Your Use of Copyrighted Material on this Site
The U.S. and international copyrights in all material provided on this Site are the property of ReGen Biologics or its licensors.  You are authorized to view, copy, download, and print any part of this Site, subject to the following conditions:

• The documents may be used solely for personal, non-commercial, and informational purposes.
• The documents may not be modified.
• The following copyright notice and permission notice must appear in each document: "© Copyright 2005 ReGen Biologics, Inc.  All rights reserved.  ReGen Biologics documents available from the ReGen Biologics Site are protected by the copyright laws of the United States and international treaties. .
• Reproduction, copying, or redistribution of materials on the Site for commercial purposes is prohibited without the express written permission of ReGen Biologics.  To obtain permission to copy portions of this Site, please send email to webmaster@regenbio.com. and provide the following information in the body of the email:  (i) the content you wish to use; (ii) where and how it will be used (for example, a book cover, magazine article, a brochure); (iii) where and how copies will be distributed and to what audience; (iv) how many copies will be produced and distributed; (v) when you intend to publish; (vi) what other non-ReGen Biologics materials will be associated with the Site content; and (vii) your name, title, company, address, email address, and phone number.  We will evaluate your request and advise you as soon as possible.  We reserve the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our Site.

Trademarks
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of ReGen Biologics and others.  Unless otherwise stated on the Site, nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner.  Except as expressly indicated on the Site, the name of ReGen Biologics or the ReGen Biologics logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from ReGen Biologics.

Your Privacy
To the extent that this Site collects personal information about you, our use of that information is subject to the Privacy Policy of ReGen Biologics.

Linking To and From This Site
Electronic links to any page or content on this Site are prohibited without the consent of ReGen Biologics.  Please address requests to webmaster@regenbio.com.

If you use any links in this Site to websites or other resources accessible via the Internet that are not maintained by ReGen Biologics, you will leave the Site.  ReGen Biologics does not control, and is not responsible for, the content of any third-party (non-ReGen Biologics) sites linked to this Site and is not responsible for any changes or updates to such third-party sites.  ReGen Biologics is providing these links to you only as a convenience, and the inclusion of any link does not imply recommendation, approval or endorsement by ReGen Biologics of the Site.

Disclaimer Of Warranties
THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, REGEN BIOLOGICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND MATERIALS ON THE SITE.

REGEN BIOLOGICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE, THE OPERATION OF THE SITE, OR ANY SITES LINKED TO THIS SITE.

The foregoing disclaimer of warranties does not apply to any product warranties set forth on product labels that may be displayed on this Site.  For such products, the warranty, if any, set forth on such label controls ReGen Biologics’ liability for such product.

No Medical, Tax, Investment, or Legal Advice
The content and information presented on this Site is for general reference and informational purposes only and is not intended to offer specific medical, tax, investment, or legal advice of any kind.

The content and information presented on this Site is not intended to replace the services of a trained health professional, or to be a substitute for medical advice of physicians and/or other health care professionals.  ReGen Biologics is not engaged in rendering medical or professional medical services.  You should consult your physician on specific medical questions, particularly in matters requiring diagnosis or medical attention.  ReGen Biologics makes no representations or warranties with respect to any treatment, clinical study, action, application, medication, prescription, suitability for treatment, or effectiveness with respect to any of the content or information offered or provided through this Site.

ALL USERS ARE EXPRESSLY ADVISED TO CONSULT WITH THEIR OWN MEDICAL, TAX, INVESTMENT AND/OR LEGAL PROFESSIONALS BEFORE PARTICIPATING IN ANY CLINICAL STUDIES, MAKING ANY MEDICAL DECISIONS, OR MAKING ANY TAX, INVESTMENT AND/OR LEGAL DECISIONS.  BY USING THIS SITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THIS SITE TO PARTICIPATE IN ANY CLINICAL STUDIES, MAKE ANY MEDICAL DECISIONS, OR MAKE ANY TAX, INVESTMENT AND/OR LEGAL DECISIONS.

Limitation Of Liability of ReGen Biologics
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL REGEN BIOLOGICS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, EVEN IF REGEN BIOLOGICS OR A REGEN BIOLOGICS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THE SITE OR THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, INCLUDING, WITHOUT LIMITATION ANY ERRORS IN, OR OMISSIONS FROM, THE SITE INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES, TRANSLATIONS, AND TYPOGRAPHICAL ERRORS. 

IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.  We cannot guarantee that documents or files downloaded from this Site will be free from viruses or malicious code and we do not accept any responsibility for any damage or loss caused by any virus or malicious code. Accordingly, for your own protection, you should use anti-virus software when using this Site.  You must not knowingly post or provide to us via this Site, any document or file that you believe may contain a virus or other malicious code.  You must check for viruses or malicious code any document or file that you intend to post or provide to us via this Site.

Your Indemnification Obligation
You agree to defend, indemnify and hold harmless ReGen Biologics, its affiliates and their respective directors, officers, employees and agents from and against all damages, claims and expenses, including attorneys’ fees, arising out of your use of this Site or your acts or omissions relating to this Site, including but not limited to: (1) infringement or misappropriation of any intellectual property rights, (2) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, (3) spamming, or any other offensive, harassing or illegal conduct or violation of these Terms of Use, (4) any damage or destruction to our Site, or to us, or to another person which is caused by or otherwise results from your acts and omissions, or (5) misuse of any information taken from the Site or your transmission of information, data, material or content on the Site.

ReGen Biologics disclaims any current intention to revise or update any forward-looking statements or any of the factors that may affect actual results, whether as a result of new information, future events or otherwise.

Advertisements that May Appear on the Site
If any advertisement for a product or service provided by anyone other than ReGen Biologics appears on this Site, ReGen Biologics does not endorse, warrant or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third party providers of products or services.  As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Effective Date 
These Terms were last revised on May 24, 2005 and govern your access of this Site from this date forward until a later revision is posted.

Termination for Failure to Comply with Terms of Use
We reserve the right to investigate suspected violations of these Terms of Use.  If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material.  We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our services.  We will determine what action will be taken in response to a violation on a case-by-case basis, and at our sole discretion.

You also hereby acknowledge that your breach of these Terms of Use may result in immediate and irreparable harm to ReGen Biologics, for which there will be no adequate remedy at law, and that ReGen Biologics shall be entitled to equitable relief to compel you to cease and desist all unauthorized use of this Site.  Your breach of these Terms of Use may also entitle ReGen Biologics to bring an action against you for any and all other remedies available at law or in equity. 

Applicable Laws
The laws of New York govern this agreement. You agree that any legal action between you and ReGen Biologics shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.

General Information
These Terms of Use constitute the entire agreement between you and ReGen Biologics and govern your use of this Site.  These Terms of Use supersede any prior agreements between you and ReGen Biologics.  A waiver of any breach of any provision of these Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of these Terms of Use.  The failure of ReGen Biologics to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Acknowledgement
You acknowledge that you have read and understand these Terms of Use, and that these Terms of Use have the same force and effect as a signed agreement.

All Rights Reserved

All rights not expressly granted herein are hereby reserved.

We hope you will find our Site to be informative and we appreciate your interest.