Terms of Use

BY ACCESSING THIS WEB SITE, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THESE TERMS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU HAVE NO RIGHT OR LICENSE TO ACCESS THIS WEB SITE AND YOU SHOULD NOT DO SO.

These Terms of Use set forth the agreement between Users and Conformis, Inc. regarding use of the www.conformis.com and Orders.conformis.com sites (each, the “Site”) as well as other ancillary sites hosted by Conformis. By using the Site, or by clicking a box that states “I Accept”, Users agree to be legally bound by these Terms of Use.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site.

1. Ownership.

Unless otherwise indicated, this Site and its contents are the property of Conformis, Inc. and/or its subsidiaries, affiliates, or assigns (collectively “Conformis”), and are protected, without limitations, pursuant to U.S. and foreign copyright and trademark laws.

2. Intended Purpose of Site

The Site is provided as an information service for knee-implant patients who are customers or potential customers of Conformis, and their agents or representatives, as well as the physicians, CT technologists, imaging centers and related healthcare providers who take part in such patients’ image-to-implant process. The Site is not intended for use by any person or entity who may provide products or services that compete with any Conformis products and services, and is not intended for use by any User for commercial purposes whatsoever.

3. Surgeon Resource Center

The Surgeon Resource Center portion of the Site is intended for use by orthopedic surgeons and related healthcare providers only, subject to their acceptance of these Terms of Use and the following additional terms stated in this Section. Any information provided within the Surgeon Resource Center is provided by Conformis as an information service to physicians. Any and all material downloaded from the Surgeon Resource Center may be used by you for personal, non-commercial purposes only. Approved purposes include clinical education of professional staff in your practice, downloading of forms to facilitate order fulfillment, and review of technique aids, clinical data presentations, and design rationales in preparation for your care of patients. You may not distribute, modify, transmit, reuse, report or use any of such materials for public or commercial purposes or provide such materials to an employee of any commercial organization, without the express written permission of Conformis. All copyright and other proprietary notices contained in the downloaded materials must be retained.

4. Orders.conformis.com Site

The Orders.conformis.com Site is intended for use by existing customers of Conformis only, subject to their acceptance of these Terms of Use and the following additional terms stated in this Section. Any information provided within the Order Site is provided by Conformis as an information service to customers. Any information provided, or communications from Conformis representatives, on the Order Site shall not be deemed to supersede any executed purchase order or other negotiated terms concerning the sale of the Conformis products.

5. Platinum Services^℠

The Platinum Services^℠ portion of the Site is intended for use by patients who elect to purchase Platinum Services^℠ in consultation with their physician to personalize their knee implant and surgery to their specific anatomy, subject to their acceptance of these Terms of Use and the following additional terms stated in this Section. For such patients paying direct for Platinum Services^℠, we use a third-party service for payment processing.  By purchasing Platinum Services^℠, you agree that these services will not be charged to, or reimbursed by, your insurance, and that you are responsible for this cost. Once the Platinum Services^℠ payment is processed, work and material required to personalize the implant and surgery to your specifications begins immediately. As a result, if you elect to cancel the surgery or service without rescheduling, then the Platinum Services^℠ fee will not be refunded to you.

6. Ancillary sites hosted by Conformis

The Sites (sites include: www.detroitkneereplacement.com, www.mypersonalknee.com, www.jacksonvillekneereplacement.com, and www.portlandkneereplacement.com) are provided as an information service for knee-implant patients who are customers or potential customers of Conformis, and their agents or representatives, as well as the physicians, CT technologists, imaging centers and related healthcare providers who take part in such patients’ image-to-implant process. The Sites are not intended for use by any person or entity who may provide products or services that compete with any Conformis products and services, and are not intended for use by any User for commercial purposes whatsoever.

7. Products

Conformis reserves the right to discontinue the sale of any product listed on the Site at any time without notice. Conformis reserves the right to cancel any order upon notice to the customer.

8. User Information

To access certain portions of the Site, Users must register with Conformis by providing the User’s name, affiliated entity/practice name, address, email, telephone, professional credentials and other information which may be used to personally identify the User. Furthermore, Conformis collects certain non-personal information concerning certain transactions and User’s activities on the Site. Conformis uses any User information strictly for the business purposes for which it was collected, in accordance with Conformis’s Privacy Policy. Conformis reserves the right to authenticate User information.

9. Account, Password, and Security

In order to access certain Site features, Users are required to set up a Conformis account using their email address, and to choose or be provided with a Password. For example, by registering through the Surgeon Resource Center, Users gain access to exclusive surgeon-specific information on the Conformis line of products, including downloadable surgical technique guides, clinical information, animation demonstrations, and administrative tools. Furthermore, by registering on the Orders.conformis.com site, Users may submit purchase requests and gain access to specific information concerning product orders they have already placed. Conformis protects the confidentiality of any information submitted to create an account in accordance with Conformis’s Privacy Policy . You must maintain the confidentiality of your Password and are responsible for all activities that occur in your account. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by Conformis’s registration processes. You shall not impersonate any person or entity or misrepresent your identity, your professional credentials, or affiliation with any person or entity, including using another person’s email, password or other account information, or another person’s or entity’s name, likeness, voice, image or photograph. You also agree to promptly notify us at marketing@conformis.com of any known or suspected unauthorized use or disclosure of your Password, other account information, or any other breach of security that you become aware of involving or relating to the Site or concerning your account. Conformis may suspend or terminate your account and your ability to use the Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular Site feature, for infringing copyright, or for any other reason whatsoever. In addition to suspending access to the Site and termination of your account, Conformis reserves the right to seek any remedies available to it in equity or in law, including seeking a temporary or permanent injunction against you.

10. User Conduct

Users must act in a professional and reasonable manner and agree not to use the Site:

other than for its intended purpose;

• to collect, store or use information about other Users or specific transactions other than for the specific purpose for which that information was provided;
• to post, email or otherwise transmit any information known to be inaccurate;
• to impersonate any person or entity or falsely state or otherwise misrepresent affiliation with a person or entity;
• to forge or otherwise manipulate identifiers in order to disguise the origin of any transaction or information transmitted to or posted on the Site;
• to disrupt the normal flow of dialogue on the Site or otherwise act in a manner that negatively affects other
• Users’ ability to engage in real-time exchanges and transactions; or

to violate any applicable local, state, national or international law and any regulations having the force of law.

Conformis reserves the right to monitor usage of the Site.

11. “Find a Doctor” Tool

Choosing a physician is an important decision and should be based on your own investigation of a particular physician’s education, training, and experience.  This website is a reference tool for locating physicians who have surgical experience with Conformis’ hip and knee implant systems.  The underlying database may not include all physicians that use, or have used, Conformis products.  The inclusion of a physician in the database is not an endorsement or recommendation of any particular physician, and the fact that a physician is not included in the database does not mean that a physician is not qualified.  Physicians have provided the information in their profiles, which Conformis has not verified.  Conformis does not verify or monitor the licenses, credentials, accreditations, or qualifications of the physicians in the database, and is not responsible for the medical advice of any of the included physicians.  No physician has been paid or received a fee to be included.  Conformis is not responsible, and shall not be liable, to you or others for any decision made, or action taken, by you in reliance on the information obtained from this website.  You are solely responsible for your communications and interactions with any listed medical professionals, and any information you send to them is not governed by Conformis’ privacy policy.