The DJO Surgical sites, www.djosurgical.com, kol.djosurgical.com, sales.djosurgical.com, djonow.com, and training.djosurgical.com, are produced by Encore Medical L.P. (dba DJO Surgical) and its affiliates (collectively, "DJO").

By using the DJO sites, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by the terms and conditions set forth herein, do not use the site or download materials from the site.

The entire contents of these sites are copyrighted under copyright laws, and DJO reserves all rights in any text, graphic images and software used, displayed or contained in the sites. Users may download or print materials for their non-commercial use only, provided that such use does not include modification of any material or information contained in the sites, or any further copying, distribution, display, transmission or dissemination in paper or electronic formats, and provided further that any copy you make retains all copyright or other proprietary notices and any disclaimers contained thereon. The copying, redistribution, or publication of any part of the sites is prohibited.

DJO WILL USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON ITS SITES; HOWEVER, DJO MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. ALL USERS AGREE THAT ALL ACCESS AND USE OF THE SITES AND THE CONTENTS THEREOF IS AT THEIR OWN RISK. THE INFORMATION ON THE SITES IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DJO MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITES WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE UNINTERRUPTED OR WILL BE ERROR OR VIRUS FREE. ADDITIONALLY, DJO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION CONTAINED ON THE SITES WILL BE TIMELY OR ERROR FREE. IN NO EVENT SHALL DJO, ITS AFFILIATES AND THEIR SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, AND LICENSORS OR THEIR RESPECTIVE HEIRS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. DJO MAKES NO CLAIMS WHATSOEVER REGARDING THE ACCURACY OR THE AVAILABILITY OF ANY INFORMATION AVAILABLE THROUGH ANY PERSON NOT AFFILIATED WITH DJO, INCLUDING MATERIAL OBTAINED FROM LINKS TO OTHER SITES CONTAINED WITHIN DJO’S SITES.

Any surgical techniques presented on DJO’s sites are used to demonstrate the surgical technique by a particular practicing surgeon who is indicated on its respective page. DJO, as the manufacturer of medical devices, does not practice medicine and does not recommend these or any other surgical technique for use on a particular patient. The surgeon who performs any implant procedure is responsible for determining and utilizing the appropriate techniques for implanting a prosthesis in each individual patient. DJO is not responsible for selection of the appropriate surgical technique to be utilized for an individual patient.

The DJO sites have several links to web pages that are not associated with DJO. DJO is not responsible for the content provided in those sites, does not in any way recommend a particular product or service, and does not guaranty the accuracy of the information provided. DJO shall not be liable for any damages or injury arising from a user’s access to such site.

The DJO sites contain information about products that may or may not be available in a particular country, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by governmental regulatory bodies for sale or use with different indications and restrictions in different countries. Indications for use may vary from country to country. Nothing contained on the sites should be construed as a promotion or solicitation for any product or for the use of any product in a particular way which is not authorized by the laws or regulations of the country where the reader is located. Specific questions about the availability and use of products described on the sites should be directed to your local representative.

Any information contained, from time to time, on the DJO sites, related to various health, medical or other conditions and their treatment contained on these sites is not meant to substitute for the advice from your physician or related healthcare professional. You should always read the package insert prior to use, and you should always contact and consult with your physician or related healthcare professional for the diagnosis of your condition and the treatment, if any, thereof.

DJO does not utilize unsolicited ideas for products or services. Please do not send any e-mail or in any other way communicate ideas for new products or services. Any e-mail containing unsolicited ideas will be deleted from our system immediately. By continuing to access DJO’s web sites and sending e-mails to us, you agree that you will have no recourse against DJO for any alleged or actual infringement or misappropriation of any proprietary rights in your communications to us. Any unsolicited information sent to DJO will be deemed not to be confidential. If you provide any information or material to DJO through the sites, by e-mail or otherwise, DJO will have no obligation of any kind with respect to such information and material and will be free to reproduce, use, disclose, display and distribute such information and material to others without limitation.

All product names, whether or not appearing in large print or with a trademark symbol, are the trademarks of DJO, its affiliates, related companies or its licensors or joint venture partners. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and liable, the law of privacy and publicity, communications, regulations and statutes.

Any product, process, technology, program or service described in the DJO sites may be subject to the intellectual property rights of DJO. Except as expressly provided herein, nothing contained in the sites shall be construed as conferring any license or right under any DJO copyright, patent, trademark or other intellectual property right.

Please be advised that DJO actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

The sites may contain forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995 that are subject to risks and uncertainties that might cause actual results to differ from those foreseen. These statements, at the time they were made, were based on then-current expectations of future events.

If any of those underlying assumptions prove or have proven to be inaccurate or unknown or if risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from DJO's expectations and projections in these statements.

These risks and uncertainties include general industry conditions and competition; economic conditions, such as interest rate and currency exchange rate fluctuations; technological advances and patents attained by competitors; challenges inherent in new product development, including obtaining regulatory approvals; domestic and foreign health care reforms and governmental laws and regulations; and trends toward health care cost containment.

A further list and description of these risks, uncertainties and other factors can be found in DJO Incorporated's Annual Report on Form 10-K. Copies of this Form 10-K are available on request from the DJO Incorporated.

DJO assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DJO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS AND THIRD PARTY PARTNERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION BY YOU OF THESE NOTICES CONTAINED HEREIN.

ANY LEGAL ACTION OR PROCEEDING RELATED TO THE SITES SHALL BE BROUGHT EXCLUSIVELY IN A FEDERAL OR STATE COURT IN THE STATE OF TEXAS, TRAVIS COUNTY.

DJO reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Legal Notice, in whole or in part. Changes will be effective when notice of such change is posted. Your continued use of this site after any changes to this Legal Notice are posted will be considered acceptance of those changes.

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
  
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  
• Restrict or inhibit any other user from using and enjoying the Communication Services.
  
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  
• Violate any applicable laws or regulations.

DJO has no obligation to monitor the Communication Services. However, DJO reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DJO reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

DJO reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DJO Surgical's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DJO does not control or endorse the content, messages or information found in any Communication Service and, therefore, DJO specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DJO spokespersons, and their views do not necessarily reflect those of DJO.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
 

DJO reserves the right, in its sole discretion, to terminate your access to the DJO Surgical Sales Portal and the related services or any portion thereof at any time, and without notice.  

MATERIALS PROVIDED TO DJO SURGICAL OR POSTED AT ANY DJO SURGICAL WEB SITE

DJO does not claim ownership of the materials you provide to DJO (including feedback and suggestions) or post, upload, input or submit to any DJO Surgical Sales Portal Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DJO, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. DJO is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DJO Surgical's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.