Legal
Effective Date: February 10, 2025
By accessing or using OrthoLink (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Platform. These Terms constitute a legally binding agreement between you and OrthoStream LLC. Your continued use of the Platform following any update to these Terms constitutes acceptance of the revised Terms.
OrthoLink is owned and operated by OrthoStream LLC, a limited liability company organized under the laws of the State of California ("OrthoStream," "we," "us," or "our"). OrthoLink is an independent orthopedic sales intelligence platform designed to provide market data, competitive insights, product information, and AI-assisted tools to authorized users in the orthopedic medical device industry.
OrthoStream LLC is an independent company and is not affiliated with, endorsed by, sponsored by, partnered with, or in any way officially connected to Stryker Corporation, Zimmer Biomet Holdings, DePuy Synthes (Johnson & Johnson), Smith+Nephew, Wright Medical Group, or any other medical device manufacturer, healthcare system, hospital, or regulatory body.
OrthoLink is not an official tool of any medical device manufacturer. All company names, product names, brand names, logos, and trademarks referenced on the Platform are the property of their respective owners. Their appearance on OrthoLink does not imply any endorsement, affiliation, or authorization by those companies.
Information about third-party companies and their products is gathered from publicly available sources. Such information has not been reviewed, approved, or verified by those companies and may not reflect their current products, pricing, strategies, or positions.
ALL information, data, market intelligence, competitive analysis, product specifications, clinical data, pricing information, and any other content provided on OrthoLink MUST be independently verified by the user before being relied upon, acted upon, or used in any professional, commercial, clinical, or regulatory context.
OrthoStream LLC makes no representation or warranty that any information on the Platform is accurate, complete, current, or reliable. Market conditions, product specifications, regulatory status, and competitive landscapes change frequently. Information on OrthoLink may be outdated, incomplete, or inaccurate at the time of access.
You are solely responsible for verifying any information before using it to make sales decisions, business decisions, product recommendations, or any other professional judgments. OrthoStream LLC expressly disclaims all liability for any decisions made based on unverified information from the Platform.
OrthoLink includes AI-powered features, including OrthoAI, that generate responses, summaries, and recommendations using artificial intelligence ("AI-Generated Content"). AI-Generated Content may be incorrect, incomplete, outdated, misleading, or factually inaccurate. AI systems can produce confident-sounding responses that are wrong.
You must independently verify all AI-Generated Content before relying on it. AI-Generated Content:
OrthoStream LLC expressly disclaims all liability for any harm, loss, or damage arising from reliance on AI-Generated Content without independent verification.
Nothing on OrthoLink constitutes or should be construed as medical advice, clinical guidance, surgical recommendations, regulatory advice, legal advice, financial advice, or any other form of professional advice. The Platform is a sales intelligence tool intended to support commercial activities only.
OrthoLink is not a substitute for professional judgment. Users should consult qualified professionals — including physicians, regulatory specialists, legal counsel, and financial advisors — before making decisions in their respective domains.
Access to OrthoLink is restricted to authorized users with valid credentials. You must be at least 18 years of age and have the legal authority to enter into these Terms. You represent that your use of the Platform does not violate any applicable law, regulation, or agreement with your employer or any third party.
You agree to use OrthoLink only for lawful purposes and in accordance with these Terms. The following conduct is strictly prohibited:
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your access without notice, and may expose you to civil or criminal liability.
The Platform may allow users to post territory updates, notes, and other content ("User Content"). By posting User Content, you represent and warrant that:
OrthoStream LLC is not responsible for User Content and does not endorse, verify, or assume liability for any User Content posted on the Platform. OrthoStream LLC reserves the right to remove any User Content at its sole discretion.
All content, features, and functionality of OrthoLink — including but not limited to text, graphics, logos, data compilations, market intelligence reports, AI-generated outputs, and software — are the exclusive property of OrthoStream LLC or its licensors and are protected by applicable intellectual property laws. OrthoLink™ is a trademark of OrthoStream LLC. All third-party trademarks referenced on the Platform are the property of their respective owners.
OrthoStream LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your own internal business purposes in accordance with these Terms. This license does not include the right to:
Sharing individual reports or intelligence summaries with non-users is permitted provided such sharing does not constitute systematic redistribution, commercial resale, or use as a competing product. OrthoStream LLC reserves all rights not expressly granted in these Terms.
OrthoLink aggregates and presents information sourced from third-party publications, public filings, news sources, industry reports, and other external sources. OrthoStream LLC makes no representation or warranty — express or implied — regarding the accuracy, completeness, timeliness, reliability, or fitness for any particular purpose of any third-party data or information displayed on the Platform.
Third-party data is provided "as received" from its source. OrthoStream LLC does not independently verify third-party data and is not responsible for errors, omissions, or changes in such data after it is published. Market conditions, product specifications, pricing, regulatory status, and competitive landscapes change frequently and may not be reflected in the Platform's content.
You acknowledge that third-party companies referenced on the Platform — including medical device manufacturers — have not reviewed, approved, or endorsed the information about them on OrthoLink. Such information does not reflect the official positions, statements, or data of those companies. You must independently verify all third-party data before relying on it for any business purpose.
OrthoStream LLC reserves the right, in its sole discretion, to suspend, restrict, or terminate your access to the Platform at any time, for any reason or no reason, with or without notice, and without liability to you. Reasons may include, but are not limited to, violation of these Terms, suspected fraudulent or abusive activity, or business decisions by OrthoStream LLC.
Upon termination, your right to use the Platform immediately ceases. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
THE PLATFORM AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS, OR NON-INFRINGEMENT. ORTHOSTREAM LLC DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ORTHOSTREAM LLC MAKES NO WARRANTY THAT ANY INFORMATION ON THE PLATFORM IS ACCURATE, CURRENT, OR COMPLETE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ORTHOSTREAM LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, ANY CONTENT ON THE PLATFORM, ANY DECISIONS MADE BASED ON PLATFORM CONTENT, OR ANY AI-GENERATED CONTENT, EVEN IF ORTHOSTREAM LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ORTHOSTREAM LLC'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to indemnify, defend, and hold harmless OrthoStream LLC and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Platform; (b) your violation of these Terms; (c) your User Content; (d) your violation of any third party's rights; or (e) any decisions you make based on content from the Platform without independent verification.
Nothing in these Terms creates or implies any employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and OrthoStream LLC. You have no authority to bind OrthoStream LLC to any obligation.
OrthoStream LLC shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, internet outages, power failures, government actions, or third-party service failures.
You are responsible for complying with all applicable export control laws and regulations in connection with your use of the Platform. You represent that you are not located in, or a national of, any country subject to a U.S. government embargo or designated as a "terrorist supporting" country.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for claims that qualify for small claims court, you and OrthoStream LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform — including questions about the existence, validity, or termination of these Terms — shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.
The arbitration shall take place in California. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees unless the arbitrator determines that a claim was frivolous.
CLASS ACTION WAIVER: YOU AND ORTHOSTREAM LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
If this arbitration clause is found unenforceable, any disputes shall be resolved exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
OrthoStream LLC reserves the right to modify these Terms at any time. We will notify users of material changes by updating the effective date and requiring re-acceptance within the Platform. Your continued use of OrthoLink after any changes constitutes your acceptance of the revised Terms.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and OrthoStream LLC regarding the Platform and supersede all prior agreements, representations, and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. OrthoStream LLC's failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision in the future.
If you have any questions about these Terms, please contact OrthoStream LLC at:
OrthoLink™ is a product of OrthoStream LLC · Effective February 10, 2025