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Terms & Conditions

Legal Notice

The information provided on this website is for general informational and educational purposes only. Please read and review the Disclaimer and Terms of Use carefully before accessing or using this website. By accessing or using this website, you acknowledge that you have read, understood and agreed to this Terms of Use Agreement. If you do not agree to the Terms of Use, you may not access or use the website.

Disclaimer

Induce Biologics USA Inc. (INDUCE BIOLOGICS), a Michigan Corporation, based in Tampa, FL, operates www.InduceBiologics.online as an on-line order processing service. This service is a business-to-business platform whereby Induce Biologics lists our products as available for ordering, and qualified medical and other health care professionals can place orders for such products. “Customer” shall mean any Person which places an Order using the INDUCE BIOLOGICS Online Platform.

We disclaim any warranties, expressed or implied, including warranties of merchantability or fitness for a particular purpose. As a medical, dental, or healthcare professional, you should exercise your professional judgement in evaluating any information contained on this website. This Web site is not intended for patients and not intended for children under 13. If you think you may have a medical emergency, call your physician or 911 immediately.

You understand that by using this website, you may be exposed to medical or scientific content that is offensive or objectionable. In no event will INDUCE BIOLOGICS be liable in any way for any content uploaded, posted, transmitted, emailed or otherwise made available on the web site.

Terms of Use

All content of, and software used on this website, including without limitation the text, images, illustrations, trademarks, reference, articles, videos and logos, is owned or controlled by INDUCE BIOLOGICS and its affiliates or its suppliers and is protected by copyright and intellectual property laws and cannot be used without the written approval of INDUCE BIOLOGICS or its respective owner. INDUCE BIOLOGICS grants you a limited and restricted license to access and download content only for your non-commercial use. No modification or further reproduction of the content is permitted. The content may not otherwise be copied or used in any way without the prior express permission of INDUCE BIOLOGICS. The elements of this Web site which may be reproduced must contain an original intellectual property notice. No disposition hereof may be interpreted as conferring otherwise a license or a right pertaining to the intellectual property laws of the United States.

The information provided here is general in nature and is not a substitute for medical or dental care and is not intended as medical or dental care. If you have or suspect you have a medical, dental or other health problem, you should consult your health care professional. Medical, Dental and healthcare professionals should read the product’s package insert prior to use of the product.

INDUCE BIOLOGICS will use reasonable efforts to include current and accurate information on this website, but makes no representations, warranties, or assurances as to the availability, accuracy, currentness, or completeness of this website, its information or its contents. INDUCE BIOLOGICS shall not be liable for any damages or injury resulting from your access to, or inability to access, this website, or from your use of, or reliance on, this website or any information provided at this website.

This website may provide links or references to other sites and may be accessed by links from third party websites over which INDUCE BIOLOGICS has no control. INDUCE BIOLOGICS has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content or that access. Any links to other sites are provided as merely a convenience to the users of this website. INDUCE BIOLOGICS reserves the right to delete, modify or supplement the content, links, or references of this site at any time, for any reason, without notification. Products referred to on this website may not be available for distribution in all jurisdictions. Any offer of any product made on this website is void where prohibited. Please contact your local INDUCE BIOLOGICS product specialist for a full and current listing of products available in your particular geography.

THE INDUCE BIOLOGICS ONLINE PLATFORM AND WEBSITE AND ALL OTHER SERVICES INCLUDING ALL CONTENT, MATERIALS AND INFORMATION MADE AVALABLE ON OR PROVIDED IN CONNECTION WITH THE INDUCE BIOLOGICS ONLINE PLATFORM AND ALL OTHER SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, INDUCE BIOLOGICS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE WEB SITE, ITS CONTENT, OR PRODUCTS OR SERVICES THAT INDUCE BIOLOGICS OR ANY OTHER THIRD PARTY PROVIDES OR SELLS. INDUCE BIOLOGICS EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SAME. INDUCE BIOLOGICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN THAT THE WEBSITE OR ANY INFORMATION INDUCE BIOLOGICS PROVIDES TO YOU WILL BE UNINTERRUPTED, FREE OF VIRUSES, OR ERROR FREE. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Portrayals of persons shown on this site are for purposes of illustration only. These individuals are not actual users of, or patients who have received treatment with, INDUCE BIOLOGICS products, unless otherwise specifically stated. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of INDUCE BIOLOGICS, its affiliates, product suppliers, related companies or its licensors or joint venture partners, unless otherwise noted.

In consideration of being allowed to use this website, you agree to the following terms:

  1. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you are to accept full responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity.
  2. You acknowledge that INDUCE BIOLOGICS is not responsible for third party access to your account that results in theft or misappropriation of your account. INDUCE BIOLOGICS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
  3. You will not violate applicable local, state, national, or international laws; you will not post, upload, email, transmit or otherwise distribute any content that infringes on the intellectual property rights of others or on the privacy or publicity rights of others.
  4. You will not post, upload, email, transmit or otherwise distribute any content that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by INDUCE BIOLOGICS in its sole discretion.
  5. You will not harm minors in any way.
  6. You will not post advertisements or solicitation of business.
  7. You will not post, upload, email, transmit or otherwise distribute any chain letters, pyramid schemes, unsolicited or unauthorized advertising or spam.
  8. You will not impersonate another person or stalk or otherwise harass another person.
  9. You will not post, upload, email, transmit or otherwise distribute viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware.
  10. You will not collect information about others, including email addresses, without their consent.

INDUCE BIOLOGICS may record or document the dialogue in its chat feature and will investigate communications that do not conform to the terms of this Agreement.

This website is operated by INDUCE BIOLOGICS, having its headquarters in the state of Florida in the United States of America. As a result, the Terms of Use of this website are governed by statutes and laws of the state of Florida and of the United States. The person, who chooses to access this website from other territories, does so by his own initiative and the responsibility to respect the local laws falls upon him. INDUCEBIOLOGICS.online is intended for United States physicians, dentists, and healthcare professionals only. By accessing materials on our site or registering you agree with all the terms and conditions of this agreement. If you choose not to comply with the terms herein, we have the right to suspend or eliminate your account and remove any information you have placed on our site. We may also take any legal action we think is appropriated. If your violation of this agreement causes harm to others, you agree to hold INDUCE BIOLOGICS harmless against any liability for that harm. If there is any dispute between us concerning this agreement or your use of our Web site, both parties agree to submit to non-binding mediation, followed by binding arbitration. You agree to defend, indemnify, and hold INDUCE BIOLOGICS, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to results from your violation of these Terms and Conditions. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials or access thereto from this Web site by contacting CustomerService@InduceBiologics.com and providing us with the following information:

  1. Identification of the copyrighted work that that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) email address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law and that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  5. A signature or the electronic equivalent from the copyright holder or authorized representative.

Terms of Sale

  1. By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order and order price.
  2. Order fulfillment times may vary according to availability and subject to any delays resulting from shipping delays or force majeure for which we will not be responsible.
  3. In order to place an order on INDUCE BIOLOGICS, you must be over 18 years of age, register as a customer, and verify you are a qualified healthcare professional or healthcare organization.
  4. You must provide us with a valid credit or debit card issued by a bank acceptable to us, or if you are a hospital or surgical center, complete an application for a line of credit or otherwise be approved by INDUCE BIOLOGICS for a specific credit limit. INDUCE BIOLOGICS retains the right to refuse any product order made by you.
  5. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. Only those products listed in the confirmation e-mail sent at the time of shipping will be shipped.
  6. Fees, Pricing and Availability – While we try and ensure that all details, descriptions and fees/prices which appear on this website are accurate, errors may occur. If we discover an error in the fees/price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct fee/price or cancelling the order for the product. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
  7. Shipping/Delivery costs will be charged as indicated on the product page and included in the “Total Cost”.
  8. Payment – Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been shipped and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Purchase Orders, Invoice Terms, Credit Limits and Payments

Terms are Net 30 Days from receipt of Invoice. Invoices are due and payable by Customer within 30 days of shipment. Purchase Orders are required within forty-eight hours of product use by customer. All invoices outstanding more than 60 days shall bear interest from the date of invoicing at the rate of twelve per cent (12%) annually (1.0% monthly), until full payment is received by Induce Biologics. Payment shall be made by bank transfer to Induce Biologics designated bank account that will be provided on invoices.

Product Storage

Customer shall be solely responsible for, and shall safely and properly store, all Products according to specifications on the product labeling and Products’ Instructions For Use (IFU).

Product Return and Credit Policy

Induce Biologics is committed to honoring the altruism of tissue donation. In accordance with this commitment, Induce Biologics may accept returned freeze-dried allografts for credit or exchange (less a handling/restocking fee) based on the following criteria:

  • Customer must provide written documentation confirming the allograft tissue has not been compromised and is still suitable for implantation.
  • Product must be returned within 30 days from the date of receipt
  • Product packaging must be intact and unopened.
  • Packaging must not contain any additional marks or labels beyond those provided by INDUCE BIOLOGICS.
  • Product must have been maintained according to the specified storage conditions indicated on the package label.
  • Responsibility for facilitating shipping arrangements including cost of shipping must be assumed by the Customer. Customer must complete, sign and return an Induce Biologics Return Material Authorization (RMA) Form with the returned product. Contact Induce Biologics Customer Service department at 888-864-4906 or email CustomerService@InduceBiologics.com for a Return Material Authorization Number (RMA #) prior to returning product to Induce Biologics. A Credit Note cannot be issued if the Return Material Authorization Form has not been completed by the returning facility, received by INDUCE BIOLOGICS, and product return approved by INDUCE BIOLOGICS on an RMA Form.
  • All returns are subject to a 20% restocking fee. Credits will be issued at the sole discretion of INDUCE BIOLOGICS. Customer must provide documentation that products were stored, handled, and transported per the specifications provided in the Product’s IFU and subject to Induce Biologics’ evaluation of the integrity of the returned goods packaging, labeling, and state of visual indicators of temperature exposure and package integrity. Credit will not be issued for returned goods with defects due to negligence in the handling, storage and shipping of returned products.
  • Returns must be shipped to INDUCE BIOLOGICS within 5 days from the date of receipt the Return Material Authorization Form, or the return will no longer be accepted. Couriers with tracking capability must be used. Returned goods not accepted for credit will become the property of the Customer.

Compliance with NOTA

The Parties hereby acknowledge that the National Organ Transplant Act (42 U.S.C., Section 274e) (the “Act”), prohibits the acquisition, receipt, and transfer of “human organs” (which includes bone and tissue) for “valuable consideration.” As used in the Act, the term “valuable consideration” does not include reasonable payments associated with, among other things, the transportation, processing, preservation, quality control and storage of human organs. Each of the Parties acknowledges and agrees that the fees provided for in these Terms and Conditions represent reasonable payments to INDUCE BIOLOGICS in accordance with the Act and any other applicable legal requirement governing human tissue or organs.ect to the use of the website.

Indemnity

As a user of this website, you agree to indemnify, defend and hold harmless INDUCE BIOLOGICS, its officers, director, employees, agents, affiliates and suppliers and their respective representatives from and against any and all damages, losses, costs, liabilities and expenses, including reasonable attorney’s fees relating to or arising out of your use of or inability to use the website or services, any user posting made by you, your violation of any Terms and Conditions or your violation of any rights of a third parties, or your violation of any applicable laws, rules, or regulations. INDUCE BIOLOGICS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with INDUCE BIOLOGICS in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in enquiry for damages or any other relied, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns the Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions. Whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. The arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the Form of a Private attorney general action against the other. Further, unless both you and INDUCE BIOLOGICS agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Complete Agreement

Except as expressly provided in a particular legal notice on the website, these Terms of Use constitutes the entire agreement between you and INDUCE BIOLOGICS with respect to the use of the website.