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Terms & Policies

Welcome to the Novo Surgical™ website (hereby referred to as the “Site”). By accessing, browsing or otherwise using the Site YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Site (collectively, the “Agreement”). Please read the Conditions of Use carefully before using the Site.

References to Novo Surgical herein refer to Novo Surgical, Inc., novosurgical.com, their affiliates, subsidiaries and designees as deemed appropriate by Novo Surgical.

Novo Surgical reserves the right to make changes to the Site and its Conditions of Use at any time. Each time you use the Site, you should visit and review the then current Conditions of Use and Privacy Policy. If you are dissatisfied with the Site, its Content or Conditions of Use, you agree that your sole and exclusive remedy is to discontinue using the Site.

Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.

 

USE OF SITE

Subject to the terms and conditions of this Agreement, Novo Surgical hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by viewing it on your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Novo Surgical in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Novo Surgical in advance. Novo Surgical reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Novo Surgical believes that customer conduct violates applicable law or is harmful to Novo Surgical interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Novo Surgical may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Novo Surgical has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this Site by anyone using the password and identification originally assigned to you whether or not such access to and use of this Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Novo Surgical of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

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PRIVACY POLICY

Please review Novo Surgical's Privacy Policy (found via a link at the bottom of the page), which also governs your use of this Site.

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INTELLECTUAL PROPERTY

All text, graphics, button icons, images, audio clips, downloadable files, and software (collectively, "Content"), belongs exclusively to Novo Surgical, Inc., or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Novo Surgical, Inc. or its affiliates. All software used on this Site (the "Software") is the property of Novo Surgical, Inc., its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. NOVOSURGICAL.COM, NOVOSURGICAL.COM THE NEW WAY FORWARD IN SURGICAL INSTRUMENTATION (& design), NOVOSURGICAL.COM SUPERIOR PRICING SUPERIOR PRODUCTS (& design), NOVO, NOVOREWARDS™, NOVOCUT™ and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Novo Surgical, Inc., its affiliates, suppliers, or third parties. The use of any Novo Surgical trademarks or service marks without Novo Surgical's express written consent is strictly prohibited. You may not use Novo Surgical trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use Novo Surgical trademarks or service marks in any manner that disparages or discredits Novo Surgical. You may not use any of Novo Surgical's trademarks or service marks in meta tags without prior explicit consent.

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RISK OF LOSS; OTHER TERMS OF SALE

The risk of loss and title for items purchased by you pass to you upon Novo Surgical's delivery of the items to the carrier pursuant to Novo Surgical's standard terms of sale.

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DISCLAIMERS AND LIMITATION OF LIABILITY

By using the Site, you expressly agree that use of the Site is at your sole risk. The Site is provided on an "AS IS" and "as available" basis. Neither Novo Surgical nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Site will be uninterrupted or error-free. Neither Novo Surgical nor its Associates warrant the accuracy, integrity or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, Novo Surgical makes no representation that Content provided on the Site is applicable to, or appropriate for use in, locations outside of the United States. Novo Surgical and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Novo Surgical or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall Novo Surgical or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Site, including but not limited to reliance by you on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Novo Surgical has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all Content, merchandise and services available through the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

To the maximum extent permitted by law, Novo Surgical will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, Novo Surgical's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to Novo Surgical during the 45 days immediately preceding the act allegedly giving rise to Novo Surgical's liability.

Novo Surgical makes no other representations, either expressly or implied, beyond the information contained on this Site. Novo Surgical will not be held liable for any incidental or consequential damages or loss of profits in connection with the use of a Novo Surgical product or service, regardless of whether or not that product or service was inaccurately presented on the Site in any manner. Novo Surgical will not be held liable for incorrect product purchases made on account of inaccuracies in Novo Surgical's cross-reference database accessed through the Site and used to identify and find products and/or make purchases.

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INTENDED FOR USERS OVER 18

The Site is intended for use by individuals 18 years of age or older acting on behalf of a physician's office, surgery center, private medical practice, hospital, teaching college, research institution, distributor, buying group or other healthcare and/or healthcare-related provider (collectively, the “Organizations”). The Site is not directed for use by individuals under the age of 18 and/or by individuals who are not acting on behalf of the aforementioned Organizations. By using the Site you represent and warrant that you fulfill these conditions.

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PRODUCT DISPLAY

The Site attempts to display product images as accurately as possible. However, Novo Surgical cannot guarantee that the finish and/or color you see matches the actual product, as the display of the finish and/or color depends, in part, upon your monitor and its settings.

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ERRORS ON NOVO SURGICAL'S SITE

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Novo Surgical reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. Novo Surgical shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Novo Surgical shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Novo Surgical will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Novo Surgical's Return Policy.

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PRICING POLICY

Online prices, selection and promotions generally match those offered outside of the website, including those via direct mail, email and fax, as well as those offered through shows and other sales channels, but may vary. Prices, selection, promotions and offers are subject to change.

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SALES TAX POLICY

Novo Surgical collects and remits sales tax for transactions made by customers in the state of Illinois. If you're a tax-exempt entity, you can take advantage of tax-exempt status for applicable purchases. For assistance with tax-exempt transactions, please call Customer Service at 877.860.NOVO (6686).

Novo Surgical reserves the right not to sell to resellers.

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PAYING FOR YOUR ORDER

You may pay for your orders with PayPal™, or major credit cards issued in the United States of America. Currently, Novo Surgical accept Visa®, MasterCard®, American Express® and Discover® Card.

Generally, credit and debit cards are not charged until item(s) are shipped to you or availability is confirmed. Novo Surgical reserves to right to charge for orders partially fulfilled; you will be charged only for the goods Novo Surgical has actually shipped along with any appropriate taxes or shipping charges. However, Novo Surgical may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When paying for a preorder with a debit card you will be charged at the time you place your preorder. Please contact your credit card issuer for more information.

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NOVOREWARDS™ PROGRAM

NOVOREWARDS™ is a free program that lets you earn annual rebates to use on future purchases with Novo Surgical. Registered customers of novosurgical.com are automatically entered into the program and begin accumulating spend toward their rebates upon making their first purchase. Spend on the following may not accrue towards the annual spend amount used to calculate annual rebate rewards under the program: spend on previous purchases, prior to registration in NOVOREWARDS™, purchases paid by reward certificates, sales taxes, state fees, shipping charges, restocking fees, or other excluded charges, along with certain items that are excluded in particular promotions. Other exclusions may apply.

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ORDER ACCEPTANCE/CONFIRMATION

After you place an order using Novo Surgical's shopping cart, Novo Surgical will check the information you give Novo Surgical for validity, by verifying your method of payment or shipping address.

Your receipt of an electronic or other form of order confirmation does not signify Novo Surgical's acceptance of your order, nor does it constitute confirmation of Novo Surgical's offer to sell. The Site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

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RETURN POLICY

All sales made through the Site are subject to Novo Surgical's return policy. For a complete explanation of the return policy, please see the Returns link at the bottom of the Site.

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ORDER LIMITATIONS/LIMITED QUANTITIES

Novo Surgical reserves the right to reject any order you place with Novo Surgical, and/or to limit quantities on any order, without giving any reason. If Novo Surgical rejects or makes changes to your order, Novo Surgical will generally attempt to notify you using the e-mail and/or billing address you provided at the time the order was placed.

Novo Surgical may, at its own discretion, limit or cancel quantities purchased per person, per organization or per order. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. Novo Surgical reserves the right to limit or prohibit sales to dealers.

Your credit or debit card will normally not be charged if Novo Surgical rejects an order, but Novo Surgical will process a refund if the charge has been made against your card.

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SHIPPING

All orders placed on this Site are subject to product availability and will be shipped according to Novo Surgical's shipping policies.

In the rare event that your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail.

Please review the Shipping link at the bottom of the home page for additional information on transit times, rates and policies.

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INTERNATIONAL ACCESS


This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.

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LINKS

This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Novo Surgical is not responsible for the operation of or content located on or through any such sites.

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REMEDIES

You agree that Novo Surgical's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Novo Surgical shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Novo Surgical may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

No instance of waiver by Novo Surgical of Novo Surgical's rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

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TERMINATION OF USE

Novo Surgical may, in its sole discretion, terminate your account or your use of the Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Novo Surgical reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.

In addition to any other legal or equitable remedies, Novo Surgical may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Novo Surgical shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

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APPLICABLE LAW

This Site is created and controlled by Novo Surgical in the State of Illinois, USA. As such, the laws of the State of Illinois will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

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SEVERABILITY

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

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DISPUTES

Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Chicago, Illinois, except that to the extent you have in any manner violated or threatened to violate Novo Surgical's intellectual property rights, Novo Surgical may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Illinois. Arbitration under these Conditions of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.

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ADDRESS

Please send any questions or comments regarding this Site to:

Novo Surgical, Inc. 700 Commerce Drive, Suite 500, No. 118 
Oak Brook, IL 60523

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STILL HAVE QUESTIONS?

Contact Novo Surgical at 877.860.NOVO (6686).