Welcome to Accelerate Orthopedics! These Terms of Service (“Terms”) govern your access to and use of the Accelerate Orthopedics website, including any content, functionality, and services offered on or through Accelerate Orthopedics (collectively, the “Services”).

Please read these Terms carefully before using the Services.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you may not use the Services.

1. Use of the Services: a. Eligibility: You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years old. b. Account Registration: In order to access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. c. User Content: You are solely responsible for any content you submit or contribute to the Services (“User Content”). You agree not to submit any User Content that is unlawful, defamatory, libelous, threatening, obscene, or otherwise objectionable. d. Prohibited Conduct: You agree not to use the Services for any unlawful purpose or in any way that violates these Terms. Prohibited conduct includes, but is not limited to, engaging in any activity that disrupts or interferes with the Services or the servers and networks connected to the Services.

2. Intellectual Property: a. Ownership: Accelerate Orthopedics and its licensors own all rights, title, and interest in and to the Services, including all intellectual property rights. b. License: Subject to your compliance with these Terms, Accelerate Orthopedics grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

3. Privacy: a. Privacy Policy: Our Privacy Policy governs the collection, use, and disclosure of your personal information. By using the Services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy. b. Security: Accelerate Orthopedics takes reasonable measures to protect the security of your personal information. However, Accelerate Orthopedics cannot guarantee the security of your personal information.

4. Disclaimer of Warranties: a. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACCELERATE ORTHOPEDICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. b. ACCELERATE ORTHOPEDICS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5. Limitation of Liability: a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACCELERATE ORTHOPEDICS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (iii) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

6. Governing Law: a. These Terms shall be governed by and construed in accordance with the state laws of Minnesota, without regard to its conflict of law principles. b. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state courts located in Minnesota, and you hereby consent to the personal jurisdiction and venue of such courts.

7. Changes to the Terms: a. Accelerate Orthopedics reserves the right to modify or revise these Terms at any time, in its sole discretion. Accelerate Orthopedics will notify you of any changes by posting the updated Terms on the Services. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the updated Terms.

8. Contact Us: If you have any questions about these Terms or the Services, please contact us at [email protected].

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.