Terms of Use

Please read these terms carefully before using this site.

Last Updated: August 31, 2023

1. Acceptance of Terms: The BioTissue™ website (“Site”) is operated by BioTissue Holdings Inc. (“BioTissue”). Your access and use of the Site is subject to the terms and conditions contained in these Terms of Use (the “Terms”). Should you not agree to these Terms, you must not access or use this Site. Please note that we may revise these Terms from time to time without notice. Your continued use of the Site will confirm your acceptance of the revised Terms. You are encouraged to frequently review the Terms to ensure your understanding of such.
2. Content: The information provided on this Site is free of charge and for informational purposes only. BioTissue is not responsible if information on this Site is not accurate, complete, or current. We reserve the right to modify the contents of the Site at any time, and have no obligation to update any information. You are responsible for monitoring any changes to the Site. Additionally, the content does not create a business or professional services relationship between you and BioTissue.
3. Ownership: Nothing contained in this Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of BioTissue or any third party. The Site and the content provided in this Site, including, but not limited to, text, graphic images, audio and video, etc. may not be copied, reproduced, published, uploaded, posted, transmitted, or distributed in any way, without BioTissue’s prior written consent, except that you may download and print content for noncommercial uses that are not competitive with or derogatory to BioTissue, and provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked any time. Any other use of the Site content is strictly prohibited.
4. Copyright Complaints: We respect the intellectual property rights of others and will respect to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. §512(c)(2), our designated agent for notice of alleged copyright infringement in connection with the Site is: BioTissue Inc. 3700 Corporate Center Drive Suite 700 Miami, FL 33126. To file a notice of infringement with BioTissue, the requirements set forth in Title II of the Digital Millenium Copyright Act of 1998 must be fulfilled. (The text of this statute can be found at the U.S. Copyright Office website).
5. Acceptable Use of Our Site: By accessing the Site, you agree that you will not (and will not permit or encourage others to): (a) use the Site or its content in violation of any applicable law, regulation or ordinance; (b) conduct fraudulent activities on the Site; (c) disrupt or interfere with the security of, or otherwise abuse, the site, or any services, accounts, servers or networks connected to or accessible through the Site or linked websites; (d) disrupt or interfere with any other user’s enjoyment of the Site or linked websites; and (e) use the Site to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patient’s particular condition or situation.
6. Communications On and Through the Site: You are solely responsible for any information that you submit to us. We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submission that comes to our attention that we consider inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure to third parties of any submissions you make to us. By submitting or posting content on the Site you grant BioTissue a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such content on the Site and on third-party sites. All personal information provided via the Site will be handled in accordance with the Site’s online Privacy Policy.
7. Links to Third Party Sites: The Site may contain links to other third party websites. These links are provided as a convenience and BioTissue is not responsible for the content of those links or third-party websites. Inclusion of links to other sites should not be viewed as endorsement of such by BioTissue. Different terms and conditions may apply to your use of any linked sites.
8. Disclaimers: THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SITE, AND ANY CONTENT AND/OR MATERIALS CONTAINED THEREIN, IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. BIOTISSUE EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE IS ACCURATE AND UP-TO-DATE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSION, AND AS A CONSEQUENCE, SUCH EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
9. Limitation of Liability: IN NO EVENT WILL EITHER BIOTISSUE OR ITS THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION AND/OR LOSS OF DATA) IRRESPECTIVE OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY CONTENT ON OR ACCESSED THROUGH THIS SITE.
10. Indemnification: You agree to indemnify, defend and hold harmless BioTissue and its subsidiaries BioTissue Ocular Inc. and BioTissue Surgical Inc. and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and/or any violation of these Terms of Use.
11. Governing Law and Dispute Resolution: These Terms shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to its choice of law rules. You agree that any claims or legal proceedings arising in connection with the Site will be brought solely before an arbitrator in Miami-Dade County, Florida and you hereby irrevocably submit to, and waive any objection to, arbitration.
12. Miscellaneous: These Terms, including policies and information linked from or incorporated herein, constitute the entire agreement between you and BioTissue with respect to the Site. Should any provision in these Terms be found invalid or unenforceable for any reason, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these Terms or your use of the Site must be filed within one (1) year after it arose or be permanently barred.
13. Questions: If you have any questions or comments about these Terms of Use, or if you would like us to update information we have about you or your preferences, please contact us by emailing [email protected].