Terms & Conditions

General

XSPORT MEDIC SA (hereinafter “XSPORT MEDIC”), a private legal entity, duly registered and operating in Costa Rica under the corporate name XSPORT MEDIC SA and with legal identification number 3-101-596464, describes through this document the rules of use for the website www.xsportmedic.com (hereinafter, the “Website”).

By browsing the Website, you agree to these Terms and Conditions. If you do not agree to them or any part of their content, we recommend that you do not use the Website, especially that you register or share your personal data with us. If we change our Terms and Conditions in whole or in part, we will publish the corresponding information in this section of the Website, with an updated effective date. We may modify this document at any time.

If there is a significant change to these Terms and Conditions, we will notify registered Users about it through the Website's homepage, using the contact information we have in our database or through specific notifications. The use of this Website after such changes or updates will mean that you accept the new provisions. If, after reading the updated version, you do not agree with its content, we recommend that you do not use this Website.

Section 1: User – Use of the Website

By registering in any section of this Website that requires the entry of personal data or passwords, you are automatically and formally granted the status of "User" and imply your full acceptance of all the provisions included in this section. XSPORT MEDIC reserves the right to interrupt or block access to those Users who do not comply with these Terms and Conditions.

This Website is intended to provide information to the general public. The information provided on this site contains free, informative and promotional data about our services (including orthopedic professional services that include surgical and non-surgical procedures, as well as contact information and educational information), and under no circumstances may be considered a guarantee of specific results in relation to all or some of the services mentioned or enabled by XSPORT MEDIC, this is because the results may vary depending on the individual circumstances of each company or client, so XSPORT MEDIC does not assume and is released from all liability for the results obtained by Users through the XSPORT MEDIC services promoted on the Website.

Section 2: Adherence Together with the Privacy Policy

The registration or inscription of User data on this Website implies the acceptance and adherence to these Terms and Conditions and the most updated version of the XSPORT MEDIC Privacy Policy available at www.xsportmedic.com

Section 3: Content and Liability

XSPORT MEDIC will strive to provide accurate and updated information on this Website. However, we do not guarantee or represent in any way the accuracy, timeliness, or completeness of such information. This Website constitutes an informative and promotional tool for XSPORT MEDIC's services, free of charge, so XSPORT MEDIC is not responsible for the User's use of this page or the information contained therein.

XSPORT MEDIC will not be liable for any type of damage, including, but not limited to, direct, incidental, consequential, indirect, or punitive damages that may arise from the access, use, or inability to use this Website, or any error, inaccuracy, or omission in the content thereof. This limitation also includes damages caused by any virus, malware, or any other computer threat that may infect your computer equipment, mobile device, or that of third parties.

Likewise, XSPORT MEDIC reserves the right to take legal action against those individuals or legal entities who misuse or use the information contained herein for illegal purposes.

Section 4: Access Conditions

In general, browsing the www.xsportmedic.com Website is free and does not require prior registration. The publication on the Website itself of any content by the User, including messages and comments, implies the automatic granting of a non-exclusive, irrevocable, and irreversible license for its use, reproduction, and publication in favor of XSPORT MEDIC on its Website, Internet platforms, and applications owned by XSPORT MEDIC, or even on other platforms and applications of third parties, with the applicable restrictions or limitations according to local legislation on intellectual property.

Section 5: Confidential and Non-Confidential Information

All information contained on this Website that is expressly labeled, tagged, or identified as confidential will be considered "Confidential Information" and, if applicable, will be protected as undisclosed information, in accordance with the Undisclosed Information Law of the Republic of Costa Rica. Therefore, to efficiently manage legal risks, Confidential Information may not be disclosed without the express consent of XSPORT MEDIC or its owner.

By accessing this Website, the User agrees that they may not copy, photograph, record, store, or download in any way the information from this page without the consent of XSPORT MEDIC. We reserve the right to modify or delete materials from this Website at any time and at our discretion. XSPORT MEDIC also reserves the right to cancel, modify, or suspend the services offered on this Website at any time and without prior notice, in case of unforeseen circumstances or for reasonable reasons. This may include changes to content, access, services, promotions, or service hours.

Users are advised not to send or share Confidential Information with XSPORT MEDIC or through the Website unless there is a prior written agreement with XSPORT MEDIC establishing it. Any communication or other material that the User sends to XSPORT MEDIC through the Internet, whether by email or other means, such as forms, questions, comments, suggestions, or the like, will be considered non-confidential unless expressly stated otherwise. XSPORT MEDIC may use, reproduce, disclose, modify, or distribute such information according to its nature and the restrictions agreed upon with its owner. Such information will be retained by XSPORT MEDIC according to the terms permitted by law and those agreed upon by the parties.

Additionally, we reserve the right to exercise the legal actions we deem appropriate against those individuals and legal entities who misuse the information contained on this Website.

Section 6: Intellectual Property and Copyright

All content on this Website and its extensions are protected by the current Costa Rican legislation on intellectual property, including Law No. 6683 on Copyright and Related Rights and its Regulations, as well as Law No. 8039 on Procedures for Enforcing Intellectual Property Rights. It is strictly prohibited to copy, present, download, distribute, modify, reproduce, republish, or retransmit, whether in whole or in part, any information, images, texts, or documents contained on this Website, whether in electronic or printed format, tangible or intangible, as well as to create derivative works based on such content, without the prior and express written consent of XSPORT MEDIC.

It is noted that XSPORT MEDIC will actively enforce its intellectual property rights within the limits permitted by law. It should be noted that viewing or accessing the content of this document, as well as browsing and using the Website, does not grant the User any assignment, permission, license, or intellectual property right of XSPORT MEDIC or third parties in favor of the User or in favor of third parties.

Section 7: Distinctive Elements and Related Material

All distinctive elements and related material, including trademarks and service and product names, as well as the logo, are the property of XSPORT MEDIC, its business partners, or third parties. The use of these distinctive signs or any other related material of XSPORT MEDIC must respect the rights of its owners and strictly comply with the trademark and other distinctive elements legislation of the Republic of Costa Rica, such as Law No. 7978 on Trademarks and Other Distinctive Signs, as well as applicable international agreements and any other regulations on intellectual property, advertising, and communications currently in force and applicable. The use of distinctive signs or any other related material of third parties that is enabled on the Website could also be subject to the terms and conditions of use of other websites owned by third parties.

It is important to note that XSPORT MEDIC diligently enforces its intellectual property rights to the extent permitted by law. None of the content of this document grants the User any assignment, permission, license, or intellectual property right of XSPORT MEDIC or any third party.

Section 8: Links to Third-Party Websites

This Website may contain, from time to time, links or references or hypertext links that will redirect you to the websites of our business partners, advertisers, suppliers, etc. (in general, third parties). If you click on one of these links to any of these other sites, remember that each site has its own privacy practices and that we are not responsible for those policies and terms of use or the content of these sites. Please consult those terms and policies before sending any personal data to those sites. By accessing third-party sites, the User agrees to do so under their own responsibility, and XSPORT MEDIC assumes no responsibility for errors, omissions, content, or use of the linked sites or pages.

We are not responsible for the policies and practices of collection, use, and disclosure (including data protection practices) of other organizations, such as Facebook, Apple, Google, Microsoft, or any other software developer or provider of applications, social media platforms, operating systems, internet service providers, or device manufacturers, including the personal data that you disclose to other organizations or that is published on our social networks. We recommend that you inform yourself about the privacy policy and terms of use of each website visited that is owned by third-party service providers.

Similarly, this Website may be accessed through links provided by third parties over which XSPORT MEDIC has no control. XSPORT MEDIC does not guarantee or represent the accuracy, timeliness, or completeness of the information contained on those websites, nor does it guarantee the services they may offer or how they may be offered. XSPORT MEDIC is not responsible for any damage or harm that may arise from the content or information provided on those sites.

If the User accesses sources of consultation or information provided by third parties through this Website, their use will be subject to the terms and conditions of those third parties, as well as the privacy policies found on the platforms or services of those third parties.

Section 9: Terms and Modifications

The operation of this Website is indefinite. The entire Website or each of its sections may be closed, suspended, or interrupted unilaterally by XSPORT MEDIC SA at any time and without prior notice. The services contracted by Users may have specific terms as indicated in the respective service contracts.

Section 10: Personal Data

During the use of this Website, certain personal data will be collected and processed by XSPORT MEDIC SA or its business partners. The rules regarding the processing of personal data of XSPORT MEDIC SA are stipulated in the Privacy Policy.

Section 11: Applicable Law and Dispute Resolution

These Terms and Conditions, as well as the access and use of this Website, will be governed by the laws of Costa Rica, without considering conflicts of legal principles. Any legal action or proceeding related to this Website must be exclusively presented to the competent government authorities of the Republic of Costa Rica.

For any dispute, controversy, or litigation that arises in relation to the use of the Website, both XSPORT MEDIC and the User irrevocably agree and submit to the exclusive jurisdiction of the competent courts of the Republic of Costa Rica.

This clause guarantees that any legal controversy will be resolved in an appropriate and consistent manner, thus avoiding possible jurisdictional conflicts and ensuring a fair and efficient resolution process. XSPORT MEDIC and the User waive any objection regarding the applicable jurisdiction and place where the proceedings and legal actions related to these Terms and Conditions are presented.