Privacy Policy & Terms of Use

Terms of Use | Privacy Policy

PRIVACY POLICY Effective Date: 7/1/2014

This Privacy Policy explains how we handle the personal information that you provide to us on websites controlled by Equinext which link to this Privacy Policy. This Privacy Policy also describes the collection of certain other types of technical and web browsing information through cookies and similar technologies.

This Privacy Policy does not apply to personal information collected from you offline to third-party websites to which Equinext websites may link. Your use of websites, which link to this Privacy Policy, is subject to this Privacy Policy and the Terms of Use. Please read this Privacy Policy before using Equinext Web sites or submitting personal information to us.

TYPES OF INFORMATION COLLECTED

How does this Privacy Policy define “personal information”?
“Personal information” means information that identifies you or could reasonably be used to identify you, and which is submitted to and/or collected by Equinext websites and maintained by Equinext in an accessible form. Examples of personal information include your name, your postal address, your email address, and your telephone number.

What types of information does Equinext collect online?
Personal Information You Submit: Equinext collects personal information that you enter into data fields on Equinext websites. For example, you may submit your name, postal address, email address, and/or other information in order to receive information about various subjects, register for Equinext programs, contact Equinext customer service, or respond to Equinext surveys. By providing us with personal information, you consent to Equinext collecting, transferring, storing, and processing it. To protect your privacy, you should not provide Equinext with any information that is not specifically requested.
Passive Collection of Certain Other Technical and Web Browsing Information: Equinext websites may collect information about your visits to Equinext websites without you actively submitting such information. This information may include, for example, your browser type and language, your operating system, your Internet Protocol (IP) address, the URLs of sites you visited before and after visiting the Equinext website, the web search that landed you on the Equinext website, and web pages and advertisements you view, and links you click on within the Equinext website. This information may be collected using various technologies, such as cookies, Internet tags, and web beacons. Your Internet browser also automatically transmits to Equinext websites some of this information, such as the URL of the website you just visited and the browser version your computer is operating.

COLLECTION OF PERSONAL INFORMATION

How does Equinext use personal information that I have provided?
Equinext will use the personal information you provide through Equinext websites to respond to your questions and to provide you with efficient customer service. We may also use this personal information for other business purposes, such as to offer you the opportunity to receive notices regarding Equinext’s products or services, to invite you to participate in surveys about our products, or to notify you about special promotions.

Does Equinext share personal information with third parties?
Equinext will not sell or license your personal information to third parties except in connection with the sale or transfer of a product line or division, or in connection with a joint marketing or distribution program.

Equinext may share your personal information with third parties with whom Equinext is jointly marketing a product or service or jointly conducting a program or activity. Equinext may also share your personal information with vendors with whom Equinext contracts to carry out business activities for Equinext. If Equinext provides your personal information to vendors to assist us with our business activities, it is Equinext’s practice to require those vendors to keep your personal information confidential and to use your personal information only to perform functions for Equinext. Additionally, Equinext may share your personal information with a third party in connection with the sale or transfer of one of its product lines or divisions so that the buyer can continue to provide you with information and services.
Equinext reserves the right to disclose your personal information to respond to authorized information requests from government authorities, to address national security situations, or when otherwise required by law.

How does Equinext secure personal information?
It is Equinext’s practice to secure each web page that collects personal information; however, the confidentiality of personal information transmitted over the Internet cannot be guaranteed. We urge you to exercise caution when transmitting personal information over the Internet. Equinext cannot guarantee that unauthorized third parties will not gain access to your personal information; therefore, when submitting personal information to Equinext websites, you must weigh both the benefits and the risks.

How may I correct personal information or delete it from current customer records?
In accordance with local legal law, you may request that we remove your personal information from our current customer records or that we amend your personal information. Please notify us of your wishes by contacting us in one of the ways specified below. For our record keeping purposes, we will retain certain personal information you submit in conjunction with commercial transactions.

USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

CONTACT INFORMATION AND POLICY UPDATES
How can I contact Equinext?
If you have questions about the use, amendment, or deletion of personal information that you have provided to us, or if you would like to opt out of future communications from Equinext please contact us by clicking on the “Contact Us” link on the website you are visiting or by emailing us at info@equinext.com Alternatively, you may send a letter to the following address:

Equinext, LLC
Attention: Novobrace Customer Relations
1500 Bull Lea Road, Ste 106
Lexington, KY 40511
United States

In all communications to Equinext, please include the email address used for registration (if applicable), the website address and a detailed explanation of your request. If you would like to delete, amend or correct your personal information and are contacting us by email, please put “Deletion Request” or “Amendment/Correction Request,” as applicable in the subject line of the email. We will do our best to respond to all reasonable requests in a timely manner.

How will I know whether Equinext has updated this policy?
Without prejudice to your rights under applicable law, Equinext reserves the right to amend this Privacy Policy without prior notice to reflect technological advancements, legal and regulatory changes, and good business practices. If Equinext changes its privacy practices, an updated version of this Privacy Policy will reflect those changes and we will notify you of such changes by updating the effective date at the top of this Privacy Policy.

TERMS OF USE Effective Date: 7/1/2014
These Online Terms of Use govern your access to web sites controlled by Equinext, which link to these Online Terms of Use (together referred to as “Equinext websites”). Your use of Equinext websites is subject to these Online Terms of Use and the Privacy Policy.
Without prejudice to your rights under applicable law, Equinext reserves the right to amend these Online Terms of Use to reflect technological advancements, legal and good business practices. If Equinext changes these Online Terms of Use, an updated version of these Online Terms of Use will reflect those changes and we will notify you of such changes by updating the effective date at the top of these Online Terms of Use. By accessing or using the Equinext websites, you agree that you have read, understand, and agree to be bound to the current version of these Online Terms of Use which you may view when accessing the Equinext websites. If you disagree with these Online Terms of Use, or are dissatisfied with the Equinext websites, your sole and exclusive remedy is to discontinue using this Equinext website.

Disclaimers

You acknowledge and agree that:
Although we strive to provide on the Equinext websites the latest developments relating to our products and services, and other information about Equinext, we do not warrant the accuracy, effectiveness, and suitability of any information contained in the Equinext websites. Each person assumes full responsibility and all risks arising from use of the Equinext websites. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Equinext reserves the right to make additions, deletions, or modifications to the information contained on the Equinext websites at any time without any prior notification.

EQUINEXT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON THE EQUINEXT WEBSITES. EQUINEXT HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. IN NO EVENT SHALL EQUINEXT BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THE EQUINEXT WEBSITES, AND/OR THE INFORMATION OR CONTENT POSTED ON THE EQUINEXT WEBSITES, REGARDLESS OF WHETHER EQUINEXT HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

Equinext is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on the Equinext websites, Equinext will not edit, censor, or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on the Equinext websites. Such information should, therefore, be considered as suspect and is not endorsed by Equinext.

The Equinext websites may contain forward-looking statements that reflect Equinext’s
current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Equinext intends to update the Equinext websites on a regular basis but assumes no obligation to update any of the content.

Your Use

You understand, acknowledge, and agree to the following:
By using the Equinext websites, you agree not to disrupt or intercept our electronic information posted on the Equinext websites or on any of our servers. You also agree not to attempt to circumvent any security features of the Equinext websites, and to abide by all applicable, local, state, federal and international laws, rules, and regulations.
You grant to Equinext the right to use all content you upload or otherwise transmit to the Equinext websites, subject to these Online Terms of Use and Equinext’s Privacy Policy in any manner Equinext chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material, or making a derivative work based on it. To the extent allowed by applicable law you waive any moral rights you may have to content you upload or otherwise transmit to the Equinext websites (if any).

Except as expressly stated and agreed upon in advance by Equinext, no confidential relationship shall be established in the event that any user of the Equinext websites should make any oral, written or electronic communication to Equinext (such as feedback, questions, comments, suggestions, ideas, etc.). If any Equinext websites require or request that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number, email address), Equinext shall obtain, use, and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Equinext shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use, or sale of products incorporating such information. The sender of any information to Equinext is fully responsible for its content, including its truthfulness and accuracy, and its non-infringement of any other person’s proprietary or privacy rights.

Product and Device Labeling
Products may not be available in all countries. Products are restricted to sales to veterinarians.

Intellectual Property
The information, documents, and related graphics published in the Equinext websites (the “Information”) are the sole property of Equinext, except for information provided by third-party providers under contract to Equinext. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Equinext website are used separate from accompanying text. Equinext is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of Equinext. No use of any Equinext trademark, trade names, trade dress, and products in the Equinext websites may be made without the prior written authorization of Equinext, except to identify the product or services of the company.

Privacy and Security
Equinext is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to the Equinext websites. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using the Equinext websites, you agree to be bound by that Privacy Policy.
You recognize and agree that when submitting your personally identifiable information to the Equinext websites, while Equinext has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, EQUINEXT SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY A CUSTOMER OR USER, EVEN IF EQUINEXT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EQUINEXT DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability
Equinext does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, the Equinext websites. Reliance on these materials, information, and opinions is solely at your own risk. Equinext disclaims any liability for injury or damages resulting from the use of the Equinext websites, or the content contained thereon.

THE EQUINEXT WEBSITES, THE SITE CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE EQUINEXT WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IN NO EVENT SHALL EQUINEXT OR ITS VENDORS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES OR AGENTS (HEREINAFTER “EQUINEXT PARTIES”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE EQUINEXT WEBSITES, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE EQUINEXT WEBSITES, OR ANY LINKED SITE, INCLUDING ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE EQUINEXT WEB SITES OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY EQUINEXT AND WHETHER OR NOT EQUINEXT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Equinext Web Sites or these Online Terms of Use more than one (1) year after such claim or cause of action arose. PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THE EQUINEXT WEBSITES.

General
You agree that these Online Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter. The Equinext websites were created and are operated under the laws of the State of Kentucky. The laws of the State of Kentucky will control the terms provided in these Online Terms and Conditions, to the extent that the laws of the State of Illinois are not overridden by applicably mandatory law, e.g. consumer protection laws applying to you. If a court of competent jurisdiction finds that any provision of these Online Terms of Use is invalid or unenforceable, you agree that the other provisions of these Online Terms of Use will remain in full force and effect.