Terms of Use


Last Updated: October 4, 2021

Welcome to this website provided to you by Flambeau Medical Markets Group, a division of Flambeau, Inc. (collectively, “Flambeau”). Flambeau, Inc. is a subsidiary of Nordic Group of Companies, Ltd. As used in these Terms of Use, references to “Flambeau” include its owners, subsidiaries, affiliates, officers, and directors. Your access to and use of the website, www.flambeaumedical.com, is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities.

By accessing and browsing this website, you agree to the following terms and conditions of use on behalf of yourself and any entity that you represent. If you do not agree, please do not access or use this website.

Modification of Terms of Use

Flambeau reserves the right to modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this website. Notice regarding material changes will be posted conspicuously on this website or otherwise communicated to you prior to the implementation of such changes. By accessing the website following posting of changes to the Terms of Use, you agree to all such changes.

Privacy Policy

You understand that access and use of this website is governed by the terms of the Flambeau’s Privacy Policy.

Site Information

Information and materials displayed on this website, including, without limitation and to the extent applicable, product offering, product pricing, specifications, warranty and /or other information, are subject to modification without notice. Flambeau reserves the right to modify such information without any obligation to notify past, current or prospective website users.

In addition, to the extent Flambeau offers you the ability to purchase products on the information and materials on this/its website(s), the information and materials are applicable to products sold in the United States and not necessarily to products sold in other countries. Some products or services may not be available in certain areas.

Mention of any third party products or services is provided for informational purposes only and does not constitute an endorsement or recommendation of such products or services by Flambeau.

Compliance with Laws

In connection with your access to and use of the website, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

Intellectual Property Rights

All text, audio, video, graphics, images, charts, data structures, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are the copyrighted materials of Flambeau or its vendors or suppliers. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable law. In addition, many proprietary names and marks belonging to Flambeau and its affiliates appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Nothing on this website shall be construed as conferring any license with respect to Flambeau’s or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.

Any unauthorized use of any copyrighted materials, trade dress, marks, or any other intellectual property belonging to Flambeau or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

NO WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, ALL CONTENTS OF THIS WEBSITE, AND ALL PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. FLAMBEAU DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.

FLAMBEAU DOES NOT WARRANT THAT USE OF THIS WEBSITE, OR THE OPERATION OR FUNCTION OF THIS WEBSITE, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. FLAMBEAU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR USE OF THIS WEBSITE. YOUR USE THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THIS WEBSITE.

Limitation of Liability

FLAMBEAU SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF REVENUE ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR YOUR INABILITY TO USE THIS WEBSITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FLAMBEAU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESSEABLE.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITS OR EXCLUSIONS MAY NOT APPLY TO YOU. FLAMBEAU’S LIABILITY IN ANY CASE SHALL, HOWEVER, BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Submission / Feedback Information

Any feedback, comments, suggestions, ideas, or similar materials that you send to Flambeau in connection with the appearance or operation of this website or any Flambeau or affiliate product or service will be treated as non-confidential and non-proprietary. Flambeau may use any and all such materials without notice to you and without your consent. All such materials become the property of Flambeau and may be used for any purpose and on an unrestricted basis. By submitting such information to Flambeau you are assigning to Flambeau, at no cost to Flambeau, all copyright and other intellectual property rights to the information. Flambeau may publish such material and/or incorporate it or any concepts described in it in our products or on our website without compensation, restrictions on use, acknowledgement of source, accountability, or liability unless agreed to otherwise in writing.

Social Media

Links to Flambeau’s social media pages (e.g., Facebook, Instagram, Twitter, and YouTube) are included on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Flambeau’s views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms of Use. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.

Third-Party Websites

Flambeau may include links to other websites on the internet that are not owned or operated by Flambeau or its affiliates as a convenience to our users. These third party websites may include authorized dealers/resellers of Flambeau products and equipment or various program affiliations.

Flambeau provides these links to you only as a convenience, and the inclusion of any link does not imply directly or indirectly, any approval, association, sponsorship, endorsement of or affiliation with the third party or its website. Flambeau is not responsible for the contents of any third party website, including without limitation any dealer or reseller website.

You link to any other pages or websites at your own risk. You should review and determine if you agree to a particular website’s terms and conditions of use before using such a website.

Indemnification

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FLAMBEAU (TOGETHER WITH ITS AFFILIATES) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE, YOUR USE OF ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THIS WEBSITE, OR YOUR VIOLATION OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF FLAMBEAU OR ANY OTHER PERSON OR ENTITY.

Termination

If you violate applicable laws or these Terms of Use, you are immediately prohibited from further use of the website, and we may restrict your access. Flambeau may suspend or terminate the website, in whole or in part, at any time in its sole discretion for any reason. Flambeau shall not be liable to you or anyone else for any damages arising from or related to Flambeau’s suspension or termination of your access to the website, or in the event Flambeau modifies, discontinues or restricts the availability of the website (in whole or in part).

Website Unavailability

Without limiting the generality of the previous section, the website may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

General

Unless otherwise specified, this website and its contents are displayed solely for the purpose of marketing, promoting, and selling Flambeau products and services. The website is controlled by Flambeau from its offices in Baraboo, Wisconsin. All matters relating to this website shall be governed by federal laws and the laws of the State of Wisconsin. Any legal action or proceeding relating to this website shall be instituted in a state or federal court with jurisdiction over Baraboo, Wisconsin. You agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts. We may assign our rights and delegate our duties under these Terms of Use at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms of Use without our prior written consent. These Terms of Use inure to the benefit of Flambeau’s successors and assigns. Flambeau’s failure to enforce any provision of these Terms of Use will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Flambeau. If any provision of these Terms of Use is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms of Use are for convenience only and do not affect the interpretation of these Terms of Use.

If you have any questions regarding Terms of Use, please contact Flambeau’s Legal Department at;

Nordic Group of Companies, Ltd.
Attn: Legal Counsel
715 Lynn Avenue, Suite 100
Baraboo, WI 53913 USA
E-mail: info@nordicgroup.com
Phone: 608-356-0136
Fax: 608-355-2280