Our Commitment to Privacy
ASC is firmly committed to ensuring online user privacy. We provide this notice to explain our online information-gathering practices and the choices you can make about the way information about you is collected and used. Since your privacy is important to us, ASC takes reasonable precautions to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information. While no security system is absolutely safe, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online and to protect your personally identifiable information from loss, misuse, alteration and destruction.
ASC does, at times, contract with third party service providers to perform certain business functions on our behalf (“Third Party Providers”), including, without limitation, surveying and analyzing website activity data, providing marketing assistance, providing search results and links, providing online product ordering services, providing bill printing and mailing services, processing credit card and other bill payments, providing customer service, conducting research, promoting programs, and managing product orders. Such Third Party Providers have access to personal information needed to perform their specific business functions, but may not use it for other purposes. Furthermore, such third party providers are either subject to these Terms and Conditions of Use or follow practices at least as protective as those described in these Terms and Conditions of Use.
The Information We Collect
This notice applies to all information collected or submitted on this Website by ASC and its Third Party Providers. ASC does not collect personally identifiable information about you unless you voluntarily provide it. At any time, before you submit, you may opt-out of providing such information by closing this Website.
Examples of personally identifiable information which you may provide to us while using our site include:
Account number (if you are a current customer)
Information about your computer and browser
The Way We Use Information
Aggregate Information (non-personally identifiable). In general, when you visit this Website to read or download information, we collect and store only the following generic information about your visit:
the IP address (which is a number that is used by computers on the network to identify your computer so that data, such as the web pages you request, can be sent to you) and/or the name of the domain from which you access the Internet (for example, aol.com if you are connecting from an America Online account)
the date and time of access to our Website
the path taken through our Website
the Internet address of the Website which linked directly to our site
This data does not include any personally identifiable information or details.
We use non-identifying and aggregate information about site visitors to measure the number of visitors to the different sections of our site, to help us make our site more useful to visitors, and to assess login performance of the Website.
Personally Identifiable Information. We use the personally identifiable information you provide us to:
Fulfill your request for various goods
Help you quickly find and/or receive information about ASC and its products
Alert you to updated information, products and services
Provide tailored promotions and offers
Provide more complete service to you
Improve the content and performance of our Website
Answer your questions
The Way We Share and Disclose Information
Aggregate Information (non-personally identifiable). We share aggregated demographic information about our user base with some third party service providers. This information does not identify individual users. We do not link aggregate user data with personally identifiable information.
Personally Identifiable Information. We share your personally identifiable information with specific employees of ASC who are only permitted to use personally identifiable information within the scope of their employment in connection with the provision of services to you and the fulfillment of your product orders. We do not share your personally identifiable information with third party companies or organizations other than our Third Party Providers who are only permitted to use personally identifiable information for the particular business purposes specified by ASC.
We never sell your personally identifiable information.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you with an opportunity to opt-out or otherwise prohibit such unrelated uses.
The Way We Store Information
A cookie is a piece of data stored on your hard drive or in your computer’s memory containing information about your visit. We use session cookies to make it easier for you to navigate our site by allowing you to visit pages within our site without having to input personal information every time you click a link within the site. A session cookie expires when you close your browser.
If you reject cookies, you may still use our site, but your ability to use some areas of our site may be limited.
We collect certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to administer the Website, to analyze trends, to track users’ movements around the site and to gather demographic information about our entire user base. We sometimes link this automatically-collected data to personally identifiable information in order to troubleshoot problems and to provide customer support assistance to users of our Website.
For privacy and security reasons, minimal customer-specific information is stored solely for the purpose of user authentication. All information gathered when responding to customer’s requests for samples, catalogs or more information is stored in a secure database.
This Website contains information about surgical products that is of interest to surgeons, nurses, hospitals and others in the medical industry. We do not intend to gather personal information online from or about children. We encourage all children and young teens to seek consent from their parents before providing any information about themselves, their families, or their homes to anyone on the Internet.
CONTENT AND LINKS
There may be times when this Website contains links to other websites which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. ASC is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. The web site is provided for educational and informational purposes only and does not constitute providing medical advice. No claims, promises, or guarantees about the completeness, accuracy, currency, content or quality of information contained from this website are made; information provided and opinions expressed by others do not necessarily represent the opinion of American Surgical Company. American Surgical Company expressly disclaims any and all liability resulting from reliance on such information or opinions.
USE OF MATERIALS ON THIS WEBSITE
All content on this Website (including, without limitation, text, design, graphics, logos, icons, images, trademarks, service marks, audio clips, downloads, interfaces, code and software, and the arrangement thereof) is the exclusive property of and owned by ASC and is protected by copyright, trademark and other applicable laws. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any such content for any purpose or use except as otherwise described herein.
You may access, copy, download and print the material contained on the Website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, data, images, or products obtained from the Website, or use of the Website for commercial purposes, whether or not competitive to ASC, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time.
You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. ASC reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which ASC may be entitled at law or in equity.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE ALSO RESERVE THE RIGHT TO TEMPORARILY SUSPEND OR PERMANENTLY TERMINATE ANY SERVICE, TOOL OR FEATURE CONTAINED ON THIS WEBSITE AT ANY TIME. WITH RESPECT TO YOUR USE OF THIS WEBSITE, ASC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASC OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, ASC’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ASC SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ASC IS TO DISCONTINUE YOUR USE OF THE WEBSITE. YOU AND ASC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. 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, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
JURISDICTION AND APPLICABLE LAW
The laws of the Commonwealth of Massachusetts govern these Terms and Conditions of Use and your use of the Website, and you irrevocably consent to the jurisdiction of the courts located in the County of Essex for any action arising out of or relating to these Terms and Conditions of Use. We recognize that it is possible for you to obtain access to this Website from any jurisdiction in the world, but we have no practical ability to prevent such access. This Website has been designed to comply with the laws of the State of Massachusetts and of the United States. If any material on this Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
CHANGES TO THESE TERMS AND CONDITIONS OF USE
ASC reserves, in its sole discretion, the right to change, modify, add or remove any portion of these Terms and Conditions of Use, in whole or in part, at any time, by posting revised terms on the Website. It is your responsibility to check periodically for any changes we make to the Terms and Conditions of Use. Your continued use of the Website after any changes to the Terms and Conditions of Use or other policies means you accept the changes.
In the event we make material changes to the Terms and Conditions of Use, notice of the changes will be posted on the homepage of this Website and you will be advised of those changes when you log into the Website. At such time, you will have the opportunity to accept such revised Terms and Conditions before proceeding to other areas of the Website, or you may opt-out by closing the Website.
ENTIRE AGREEMENT AND ADMISSIBILITY
These Terms and Conditions of Use constitute the entire agreement and understanding between you and ASC with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms and Conditions of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable, the remaining provisions thereof will remain in place.