DJO Websites Terms of Use

Website Terms of Use

Your use of the Websites constitutes your acceptance of, and agreement to the following Terms of Use. DJE reserves the right to modify, alter, amend or update its Websites, policies and these Terms of Use at any time in DJE’s sole discretion. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Websites.

Privacy
Our Privacy Policy is available for review and acceptance of the Privacy Policy is incorporated herein as part of the Terms of Use.

Use of the Websites

Unless otherwise stated, DJE owns the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Websites, unless content is specifically and expressly made available for republication;
  • Sale, rental or sub-license of any content from the Websites;
  • Reproduction or duplication of any content on the Websites for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Websites, unless content is specifically and expressly made available for redistribution.

From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of DJE’s intellectual property rights. Such use is a limited license to republish the content, with full credit to DJE.

You must not use the Websites in a way that causes, or may cause, damage to the Websites or impair the availability of access to the Websites. You must not decompile, reverse engineer, disassemble or otherwise reduce the Websites, except to the extent that such activity is expressly permitted by applicable law. You must not use the Websites to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Websites without DJE’s express written permission.

You must not use the Websites to transmit or send any unsolicited commercial communications.

You must not use the Websites for any third-party marketing without DJE’s express written permission.

Affiliate Programs
From time to time, the Websites participate in affiliate marketing. This means that when you use an affiliate link to make a purchase, DJE will receive a commission. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

Copyright
Unless otherwise noted, the design, content and all components of the Websites are copyrights owned by DJE or third parties and are protected by United States and international copyright laws.

From time to time, DJE publishes content submitted by third parties for publication on the Websites. All submissions are governed by the terms. By submitting the material for publication on the Websites, DJE has received a non-exclusive license to display the content. DJE makes no claims to ownership of these copyrights and uses its best efforts to ensure proper attribution of all submitted content.

Grant of Rights

You grant DJE a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Websites. This includes, but is not limited to, text, images, audio material, video material and audio-visual material. This license extends to all known and future media. You also grant DJE the right to sub-license these rights and the right to bring an action for infringement of these rights.

Prohibited Content
Any content you contribute to the site, including, but not limited to text, images, audio material, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or DJE or a third party. DJE reserves the right to edit or remove: (i) any material submitted to the Websites; (ii) stored on Sway’s servers; or, (iii) hosted or published on the Websites. DJE takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding DJE’s rights under the Terms of Use, DJE does not undertake to monitor the submission of all content to, or the publication of such content on, the Websites.

Communication – Electronic Notice

If you send DJE an email, register to use the Websites or provide your email to DJE in any other way, you consent to receive communications from DJE electronically. You agree that all legal notices provided via electronic means from DJE satisfy any requirement for written notice.

Third Parties

The Websites contain links to Third Party websites that are not governed or controlled by DJE. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Websites. DJE assumes no control or liability over the content of any third-party sites. You expressly hold harmless DJE from any and all liability related to your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Websites, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Websites, you expressly hold DJE harmless from any and all liability in any dispute.

No Warranties
The Websites are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. DJE makes no representations or warranties in relation to the Websites or the information and materials provided therein.

DJE makes no warranty the Websites will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Websites. DJE is not responsible to you for the loss of any content or material uploaded or transmitted through the Websites.

Limitation of Liability
DJE WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Legal Disclaimer
From time to time, the Websites may discuss topics of a legal nature. This information is not advice and should not be treated as legal advice. The legal information provided on the Websites is provided “as is” without any representations or warranties, express or implied. DJE makes no representations or warranties in relation to the legal information on the Websites.

You must not rely on the information on the Websites as an alternative to advice from your attorney or professional legal services provider. There is no attorney-client relationship created from the publication of legal information on the Websites. You should never delay seeking legal advice, disregard legal advice or discontinue legal services as a result of any information provided on the Websites.

Medical Disclaimer
From time to time, the Websites may discuss topics related to health, fitness, nutrition or medicine. This information is not advice and should not be treated as medical advice. The medical information provided on the Websites is provided “as is” without any representations or warranties, express or implied. DJE makes no representations or warranties in relation to the medical information on the Websites.
You must not rely on the information on the Websites as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment as a result of any information provided on the Websites.

Indemnity
You agree to defend, indemnify and hold DJE, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which DJE suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.