Terms Of Use

WELCOME TO Zimmer Biomet`’s The Home of Personalized Knee Care Forum (“The Forum”), OPERATED BY Zimmer GmbH (“ZIMMER BIOMET”).

Zimmer Biomet provides this Forum exclusively to surgeons (going fwd. Members, as defined below) as a closed space for professional exchange around knee care.

Please note: Zimmer Biomet does not contribute, edit or curate any of the content therein.

However, contributions from Members of the Forum are monitored by a third party to ensure compliance with these terms of use (“Terms of Use”). The Site also allows Members to report violations of the Terms of Use or other objectionable behaviour. Zimmer Biomet reserve the right to review the contributions reported to decide on whether they should be removed from the Forum and / or the Member restricted from further use of this site (Site”). Judgments as to the acceptability of User Content (as defined below) are at Zimmer Biomet’s sole discretion, and Zimmer Biomet reserves the right, and has absolute discretion, to remove or screen the content posted or stored on the Forum at any time and for any reason without notice. User Content i.e. posts that Zimmer Biomet determines do not comply with these Terms of Use or are otherwise unsuitable for the Forum will be removed from the Forum, without notice to the Member. Also Zimmer Biomet reserves the right to bar Members posting any kind of offending content in the Forum.

In addition to the User Content’s rules (below) the following rules apply:

• Discussion and post of any product off-label usage is prohibited.
• Prior to uploading any medical images or other patient personal data, the users must ensure they have obtained the necessary permissions or consent to share these images in the Forum without restrictions and any personal data identifying features have been removed or blurred.
• Misleading or factually untrue statements or posts about products or discussed cases are prohibited.
• Any obscene, vulgar, discriminating or abusive language in your post or comments is prohibited.
• When discussing cases, to avoid misunderstandings, refrain from using misleading, ironic or humorous comments.

Best practice

• To make case discussions meaningful to other Members, please provide relevant background information on patients or cases using anonymized patient data.
• Please check whether a topic / question is already being discussed before starting a new thread.
• Allow email notifications to receive updates on discussions you are participating in.

Terms of Use

PLEASE READ THESE TERMS OF USE (THESE TERMS OF SERVICE) CAREFULLY. BY ACCESSING OR USING THE FORUM, OR BY UPLOADING, BROWSING OR VIEWING ANY MATERIAL ON THE FORUM, YOU AS USER AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT USE THE FORUM. WE SUGGEST YOU PRINT A COPY OF THESE TERMS OF USE FOR YOUR RECORDS. NOTHING IN THESE TERMS OF USE WILL BE CONSTRUED TO CONFER ANY RIGHTS OR BENEFITS TO THIRD PARTIES.

These Terms of Use apply exclusively to your access to and use of, the Forum. However, these Terms of Use do not alter in any way the terms or conditions of any other agreement you may have entered into with Zimmer Biomet for products, services or otherwise. Your use of the Forum is subject to, and expressly conditioned upon you accepting these Terms of Use.

Access to the Site

Before you start using the Forum you must confirm that you are a healthcare professional in your country. Access to the discussion Forum is only available for Health Care Professionals who have completed the online registration process by providing accurate, current and complete information (the Registration Data), and accepted these Terms of Use and the Privacy Policy, enclosed herein, (“Members”). By completing the registration process, you represent that you are at least eighteen (18) years of age and are a qualified surgeon. After performing a check on your status as health care professional and upon Zimmer Biomet’s acceptance of your registration, in Zimmer Biomet’s sole discretion, Zimmer Biomet will provide you with log-in identification and a unique password. You will be solely responsible for the safe custody of your log-in identification and password and to avoid its misuse by any third party. Zimmer Biomet does not guarantee the continued availability of the Forum or its use. Zimmer Biomet reserves the right to deny your registration request or to terminate or suspend your access at any time, with or without giving you any reason. In consideration of your use of the Forum, you agree to (a) maintain the security of your password and identification; (b) maintain and promptly update the Registration Data, and any other information you provide to Zimmer Biomet, to keep it accurate, current and complete; and (c) accept all risks of unauthorized access to the Registration Data and any other information you provide to Zimmer Biomet.

Your display name in the Forum is identical with your full name, as provided during the registration process. After registration your account display name and username are the same. Your display name is always public.

Once you registered and also created an account, you also have the option of adding these public information:

• Profile Photo
• Member Title
• Biography (About Me)
• Occupation
• Location (Country)
• Time zone

As well as other details to your profile information may be displayed in our community.

Additionally, whilst using the Forum the following information may automatically be collected by software tools we use (not public):

• Internet Protocol (IP) address (not public)
• Geographical location
• Browser type and version (not public)
• Operating system (not public)
• Referral source (not public)
• Length of visit, page views, website navigation and any other related browsing activity

Information We Share and Disclose

In order to keep your personal data, your email address, authentication means to your account – as well as our services – secure, to help prevent spam, fraud, and abuse we will monitor personal data in order to personalize our services for example to enable certain account features i.e. login verification, password reset, receive information about our community and notify on new replies to your subscribed Forums and topics.

You can unsubscribe from any of our email notifications as well as from this Forum, by sending an email under MarComEMEA@zimmerbiomet.com.

Also if you send us emails to communicate with us, we will keep as long as necessary for the purposes of your membership the content of your message, your email address, and your contact information to respond to your request.

How we share information we collect

You should be aware that any information you provide on our Forum- including profile information associated with the account you use to post the information – may be read, collected, and used by Zimmer Biomet. Your posts and certain profile information may remain even after you terminate your account. We urge you to consider the sensitivity of any information you input into these Services. To request removal of your information from publicly accessible websites operated by us, please contact MarComEMEA@zimmerbiomet.com In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to and why.

Most activity on the Forum is displayed in closed groups, including your personal profile information mentioned above. You also may choose to publish your location in your profile. Information posted about you by other people who use our Forum may also be public. For example, other people may mention you using @displayname in posts.

You are solely responsible for your topics, posts and other information you provide through our services, and you should think carefully about what you make public, especially if it is sensitive information.

Zimmer Biomet will use aggregated data from the Forum for statistical purposes. These include but are not limited to number of users, country of users, Forum general statistics on Forum activity.

Sharing with third parties

Service Providers: We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our services. We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.
Our administrators may choose to add new functionality or change the behaviour of the community by installing third party apps within the community. Doing so may give third-party apps access to your account and information about you like your name and email address, and any content you choose to use in connection with those apps. Third-party app policies and procedures are not controlled by us, and this privacy policy does not cover how third-party apps use your information. We encourage you to review the privacy policies of third parties before connecting to or using their applications or services to learn more about their privacy and information handling practices. If you object to information about you being shared with these third parties, please uninstall the contact us at MarComEMEA@zimmerbiomet.com and let us know as soon as possible. Below are the third party services we use on our community:

• CR Design Ltd: 42 Lambourne Crescent, Llanishen Business Park, Cardiff CF14 5GG
• Amity Web Solutions Ltd: Britannia House, Caerphilly Business Park, Caerphilly, CF83 3GG (Privacy Policy)
• RunCloud.io (Privacy Policy)

Links to Third Party Sites: The Forum community may include links that direct you to other websites or services whose privacy practices may differ from ours. If you submit information to any of those third party sites, your information is governed by their privacy policies, not this one. We encourage you to carefully read the privacy policy of any website you visit.

Private Messages and Non-Public Communications

We provide certain features that let you communicate more privately. For example, you can use the Private Messages to have non-public conversations. In these cases, we will store and process your communications and information related to them. This includes message content, images, information about whom you have communicated with and when to better understand the use of our community, to protect the safety and review the reported messages. We share the content of your Private Messages with the people you’ve sent them to; we do not use them to serve you ads. When you use features like Private Messages to communicate, remember that recipients have their own copy of your communications on the Forum – even if you delete your copy of those messages from your account – which they may duplicate, store, or re-share. In using the Private Messenger, you will still apply all obligations you have agreed to in these terms and specifically not use or make available publish any personal patient data.

Non-Personal Information

We share or disclose non-personal data, such as aggregated information like the community statistic (online users, visitors, current viewers of a topic, etc…), the number of people who clicked on a particular link (number of topic views) or voted on a poll in a topic (even if only one did).

Privacy Policy

Please refer to the Site’s Privacy Policy (Privacy Policy) for information on how Zimmer Biomet collects, uses or discloses personal data from users of the Forum. By participating in the Forum you acknowledge, and agree to, the Privacy Policy.
This closed Forum will be made available to users in the United Kingdom only, there will be no data transfer outside the UK.
Your Registration Data will be used in connection with your use and participation in this Forum. From time to time, Zimmer Biomet may use your registration data and personal information to contact you regarding topics of potential interest to you.
If at any time you do not wish for your Registration Data to be so used for any additional purposes than the participation in the Forum, please send a mail to MarComEMEA@zimmerbiomet.com. During your registration process, you will also be given the opportunity to opt in, to receiving email notifications or updates from the Forum you so choose.
Under MarComEMEA@zimmerbiomet.com you can notify us that you no longer wish to receive any such marketing information.

Copyright and Limited License

Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, but not limited to, Zimmer Biomet logos and all designs, text, graphics, logos, icons, images, photographs, audio clips, videos, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the Materials) are Zimmer Biomet property and are protected worldwide by United States, EU and/or other national and international copyright laws.

Unless otherwise expressly stated herein, nothing in these Terms of Use will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. In the event any license (which is not expressly granted under these Terms of Use to you) is otherwise deemed to be granted to you by operation of law or otherwise, you hereby irrevocably assign to Zimmer Biomet forever all right, title and interest therein, without any fee. In addition, such license will be revocable by Zimmer Biomet at any time without any penalty.

Trademarks

Zimmer Biomet and all other Zimmer Biomet products and service names, logos and slogans contained in or displayed the Site are Zimmer Biomet’s (or our supplier’s and licensor’s) trademarks or service marks and may not be copied, imitated or otherwise used, in whole or in part, without Zimmer Biomet’s prior written consent. Reference to any products, services, processes or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Zimmer Biomet. You understand that any consent required of Zimmer Biomet under these Terms of Use may be withheld by Zimmer Biomet in its sole discretion, without or without any reason.

Electronic Communications

When you visit the Forum or send emails to Zimmer Biomet, you communicate with Zimmer Biomet electronically and consent to receive communications from Zimmer Biomet electronically. We may communicate with you by: (a) email to your email address indicated in your communications with Zimmer Biomet, (b) posting general notices on the Forum, or (c) posting messages that are displayed to you when you log in to or access the Forum. You agree that all agreements, notices, disclosures and other communications that Zimmer Biomet provides to you electronically satisfy any legal requirement that such communications be in writing.

User Content and Interactive Services or Areas

The Site includes (or may include in future) Forum interactive areas or services (collectively, Interactive Areas), including, but not limited to Forums, chat rooms, blogs, message boards, or other areas or services in which you or third parties create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Forum (collectively, User Content) for access Members only. You are solely responsible for your use of and access to the Interactive Areas and you will use the Interactive Areas at your own risk.

By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

a. Any User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including, but not limited to, any User Content containing nudity that would be unacceptable in a public museum where minors visit;

b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of Zimmer Biomet or others, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;

c. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of Zimmer Biomet or others. By posting any User Content, you represent and warrant that you have the lawful right to use, display, distribute, and reproduce such User Content;

d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

e. Unsolicited promotions, political campaigning, advertising or solicitations;

f. personal data or information of Zimmer Biomet or others, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers or other personal data;

g. Viruses, corrupted data or other harmful, disruptive or destructive files; and

h. User Content that, in Zimmer Biomet’s sole judgment, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Zimmer Biomet or its users to any harm or liability of any nature or type.

i. User Content that may infringe or violate the applicable rules and regulation on the medical secrecy or the physician’s professional secrecy.

Zimmer Biomet does not control and takes no responsibility or liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Zimmer Biomet liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter by use of the Site, including the Interactive Areas. Your use of the Site and the Interactive Areas is at your own risk. Zimmer Biomet is not liable for any statements, representations or User Content provided by Members in any public gallery, Forum, personal home page or other Interactive Area.

You acknowledge that the Interactive Areas contain the opinions and views of other Members. You understand and agree that all User Content is in the sole responsibility of the person who posted the User Content. You understand and agree that you will evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. Zimmer Biomet is providing access to the Interactive Areas as an exchange platform solely as an informational and educational service to the Members of the Site. You acknowledge further that we are not responsible for the accuracy of any User Content on the Website.

You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Forum at your sole cost and expense. Any use of the Interactive Areas or other portions of the Forum in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Forum.

Therefore, you should be careful about the nature of the Content you post. Zimmer Biomet will not be responsible or liable for any third party access to or use of the User Content you post. You represent and warrant that: (a) you own or otherwise control all of the rights to the User Content that you post, or you otherwise have the right to post such User Content to the Forum and to grant the rights granted herein; (b) the User Content you supply is accurate and not misleading; and does not violate any data protection laws and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Zimmer Biomet’s systems and customers, or to ensure the integrity and operation of Zimmer Biomet’s business and systems, Zimmer Biomet may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addresses and traffic information, usage history, and posted User Content, and you agree that Zimmer Biomet has an overriding legitimate interest to do so. Zimmer Biomet’s right to disclose any such information shall govern over any terms of the Privacy Policy.

DISCLAIMER OF WARRANTIES

THE FORUM, IS PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND – WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR TRADE. ZIMMER BIOMET EXPRESSLY DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

ZIMMER BIOMET DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE FORUM IS ACCURATE, COMPLETE, RELIABLE, CURRENT, FREE OF DEFECT, STABLE OR ERROR FREE OR THAT THE SITE, ITS WEB SERVERS OR ANY EMAIL SENT BY ZIMMER BIOMET OR FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ZIMMER BIOMET IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. ZIMMER BIOMET ALSO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS – WHETHER EXPRESS, IMPLIED OR STATUTORY AND WHETHER ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USE – REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE FORUM, OR THE CONTENT AND OTHER INFORMATION AVAILABLE ON THE FORUM.

LIMITATION OF LIABILITY

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL ZIMMER BIOMET, OUR LICENSORS, OR OUR OR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, INTERRUPTION OF BUSINESS, OR OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE THE FORUM, THE CONTENT OR OTHER INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS OF USE FOR ANY CLAIMS IS LIMITED TO THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE FORUM, AND/OR THE CONTENT AT ISSUE. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify, defend and hold Zimmer Biomet, its Affiliates, and their respective independent contractors, service providers, consultants, directors, officers, employees and agents, and applicable third parties (such as licensors, partners and advertisers) (collectively, the Indemnified Parties) harmless from and against any actual or threatened suit, demand or claims, damages, costs, liabilities and expenses (including, but not limited to, damage awards, settlement amounts, and reasonable attorneys’ fees) brought against any Indemnified Parties, arising out of or relating to: (a) your use of the Forum, or the Content (including, but not limited to, your use of the Content); (b) your conduct; (c) your failure to perform your obligations under these Terms of Use (including, but not limited to, your violation of these Terms of Use, especially); and/or (d) your violation of the rights of any third party including violating any persons right to data protection, for example not anonymizing personal patient data or not obtaining any mandatory patient consent.

Termination

Notwithstanding any of these Terms of Use, Zimmer Biomet reserves the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.

You can at any time request for your account deletion by contacting us by sending an email to MarComEMEA@zimmerbiomet.com. The deletion of your account will include personal data, profile data, created content, logs, etc. Your contributions will remain in the Forum, but your display name will be removed and replaced by the following term: “user no longer active”.

Cookies should be deleted from your side. Almost all browsers have an option to delete cookies. You can delete your posts in the Forum, however your posts will not be deleted should you choose to delete your account. View our Cookie Policy here.
Keep in mind that search engines and other third parties may still retain copies of your public information, like your profile information, even after we/you have deleted the information from our community.

Update to Terms of Use
Zimmer Biomet reserves the right to change or modify any of the terms and conditions contained in these Terms of Use or any policy or guideline of the Forum, at any time and in Zimmer Biomet’s sole discretion. Any such changes or modifications will be effective immediately upon posting of the revisions on the Forum, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Forum or the Interactive Areas following the posting of such changes or modifications constitutes your acceptance thereof. If you do not agree to any changes or modifications to these Terms of Use or to any applicable policies or guidelines on the Forum, your sole recourse is to stop using the Forum and the Interactive Areas.

Miscellaneous
Your use of the Forum is subject to all applicable local, state, national and international laws and regulations. These Terms of Use and your use of the Forum will be governed by and construed in accordance with the laws of Switzerland without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use will be filed only in the competent courts of Zurich, Switzerland. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use. Nothing in these Terms of Use will restrict or limit any assignment by Zimmer Biomet of its rights or obligations herein to third parties, including, but not limited to, Zimmer Biomet Affiliates. If any provision of these Terms of Use is found to be void or unenforceable, then the remainder will have full force and effect, and the invalid provision will be partially enforced to the maximum extent permitted by law to effectuate the purpose of these Terms of Use.