LEGAL STATEMENT – WEBSITE TERMS OF USE

These Website Terms of Use (“Terms”) govern your access to and use of the Captiva Spine, Inc. website, including its pages, content, features, downloadable materials, and restricted-access areas (collectively, the “Site”).

The Site is owned and operated by Captiva Spine, Inc. (“Captiva Spine,” “we,” “us,” or “our”).

Please read these Terms carefully. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Site.

1. Intended Audience

Unless otherwise stated, the Site is intended primarily for users located in the United States.

Certain areas of the Site contain information intended exclusively for surgeons and other qualified healthcare professionals. Access to these areas may be restricted and may require registration or confirmation of professional status.

If you are not a healthcare professional, you should not rely on healthcare-professional materials when making decisions concerning a medical condition, diagnosis, procedure, or treatment.

Product availability, regulatory status, indications, contraindications, warnings, precautions, and instructions for use may vary by country or jurisdiction. References to a Captiva Spine product do not mean that the product is available, cleared, approved, or authorized for sale or use in every jurisdiction.

2. Medical-Device Information

The Site may contain information concerning medical devices, surgical procedures, clinical research, healthcare conditions, and related subjects. This information is provided for general informational and educational purposes only.

Website content:

Is not medical advice;
Is not a substitute for consultation with a qualified healthcare professional;
Is not intended to diagnose, treat, cure, or prevent any disease or medical condition;
Does not establish a physician-patient or other healthcare-provider relationship;
Does not replace the applicable product labeling or Instructions for Use; and
Does not constitute a recommendation that any Captiva Spine product is appropriate for a particular patient or procedure.

Healthcare professionals are responsible for exercising their independent clinical judgment and for reviewing the applicable product labeling and Instructions for Use before using any Captiva Spine product.

The applicable Instructions for Use contain the indications, contraindications, warnings, precautions, and instructions that govern the use of a Captiva Spine product. Nothing on the Site is intended to expand, modify, or replace a product’s cleared, approved, or otherwise authorized intended use.

If you have questions about a medical condition or treatment, consult a qualified healthcare professional. Do not disregard or delay seeking professional medical advice because of information presented on the Site.

The Site is not intended for emergency medical communications. If you are experiencing a medical emergency, call 911 or seek immediate medical assistance.

3. Product Availability and Regulatory Status

Products described or displayed on the Site may:

Be available only in certain countries or geographic regions;
Be marketed under different names in different jurisdictions;
Be subject to different regulatory clearances, approvals, authorizations, indications, or restrictions;
Be intended only for use by appropriately trained healthcare professionals;
Be available only by prescription or physician order;
Be under development or evaluation; or
No longer be commercially available.

Products that are investigational, under development, or not cleared or approved for commercial distribution will be identified as such where required.

Captiva Spine reserves the right to modify, discontinue, replace, or change the specifications, features, availability, or regulatory status of any product without notice, subject to applicable law.

Product photographs, renderings, animations, videos, illustrations, and other visual materials are provided for general informational purposes and may not represent every available configuration or the exact appearance of a product.

4. Limited License

Subject to these Terms, Captiva Spine grants you a limited, nonexclusive, nontransferable, nonsublicensable, and revocable license to access and use the Site for:

Your personal, informational, and noncommercial use;
Your organization’s legitimate internal business or educational purposes; or
Another purpose expressly authorized by Captiva Spine in writing.

You may download, print, or share materials that Captiva Spine expressly makes available for those purposes, provided that you:

Do not modify the materials;
Retain all copyright, trademark, regulatory, and proprietary notices;
Do not use the materials in a false, misleading, unlawful, or unapproved manner;
Do not represent the materials as your own;
Do not use the materials to promote an unapproved or uncleared use of a product; and
Comply with any additional restrictions displayed with the materials.

This limited license does not transfer ownership of the Site or any Site content to you.

If you have a separate written agreement with Captiva Spine, including a distribution, confidentiality, licensing, or services agreement, that agreement will control to the extent it conflicts with these Terms.

5. Prohibited Uses

You may not use the Site or its content to:

Violate any applicable law, regulation, court order, or third-party right;
Make false, misleading, deceptive, or unsubstantiated statements about Captiva Spine or its products;
Promote a product for an uncleared, unapproved, unauthorized, or otherwise unlawful use;
Copy, reproduce, republish, distribute, display, transmit, sell, license, or commercially exploit Site content except as expressly authorized;
Modify, translate, adapt, create derivative works from, reverse engineer, decompile, or disassemble any portion of the Site;
Gain or attempt to gain unauthorized access to the Site, an account, a network, or a computer system;
Circumvent access restrictions, authentication measures, or security controls;
Introduce malware, viruses, corrupted files, harmful code, or other disruptive technology;
Interfere with the operation, availability, security, or performance of the Site;
Impersonate another person or misrepresent your identity, qualifications, professional status, or affiliation;
Collect personal information about other users without authorization;
Use the Site to transmit unlawful, infringing, defamatory, threatening, fraudulent, or otherwise harmful material; or
Use automated tools to access, scrape, extract, monitor, reproduce, train on, or collect Site content except as authorized in writing by Captiva Spine or permitted through Captiva Spine’s published technical instructions.

General-purpose public search engines may index publicly accessible portions of the Site in accordance with Captiva Spine’s published technical instructions.

6. Intellectual Property

The Site and its content, including text, graphics, photographs, illustrations, videos, animations, product images, logos, trademarks, service marks, trade names, software, data, designs, page layouts, and downloadable materials, are owned by or licensed to Captiva Spine and are protected by applicable United States and international intellectual-property laws.

Captiva Spine, the Captiva Spine logo, and the names, logos, and marks associated with Captiva Spine products and services are trademarks or registered trademarks of Captiva Spine or its licensors. Other names and marks appearing on the Site belong to their respective owners.

Nothing in these Terms or on the Site grants you any ownership interest or any express or implied license under any patent, copyright, trademark, trade-secret, or other intellectual-property right, except for the limited right to use the Site expressly provided in these Terms.

You may not use any Captiva Spine name, logo, trademark, product image, trade dress, or other proprietary material in advertising, promotion, domain names, social-media accounts, metadata, or other commercial materials without prior written authorization from Captiva Spine.

7. Requests to Use Captiva Spine Materials

Requests for permission to reproduce, modify, distribute, publish, display, or otherwise use Captiva Spine materials should be directed to:

Captiva Spine, Inc.
967 N. Alternate A1A, Suite 1
Jupiter, Florida 33477-3206
Telephone: 561-277-9480
Toll-Free: 877-772-5571

Submitting a request does not constitute authorization. Permission must be provided in writing by an authorized Captiva Spine representative.

8. Accounts and Restricted Areas

Certain Site features or materials may require registration, account creation, or verification of professional status.

When registering, you agree to:

Provide current, complete, and accurate information;
Update your information when it changes;
Maintain the confidentiality of your login credentials;
Use only the account assigned to you;
Accept responsibility for activity conducted through your account; and
Notify Captiva Spine promptly if you suspect unauthorized access or use.

You may not share your credentials, register on behalf of another person without authorization, or misrepresent your identity or professional qualifications.

Captiva Spine may approve, deny, suspend, restrict, or terminate access to an account or restricted area when reasonably necessary to protect the Site, Captiva Spine, its users, or third parties; enforce these Terms; or comply with applicable law.

9. User Communications and Submitted Materials

If you submit an inquiry, comment, document, image, suggestion, idea, feedback, or other material through the Site, you represent that:

You have the authority to submit it;
It is accurate to the best of your knowledge;
It does not violate applicable law or another person’s rights; and
It does not contain information you are prohibited from disclosing.

Unless Captiva Spine has expressly agreed otherwise in writing, general feedback, suggestions, and ideas submitted through the Site will not be treated as confidential. You grant Captiva Spine a worldwide, nonexclusive, royalty-free, transferable, sublicensable, and perpetual license to use, reproduce, modify, analyze, and incorporate such feedback for legitimate business purposes.

This provision does not change Captiva Spine’s obligations concerning personal information under the Privacy Policy or applicable law.

10. Patient and Sensitive Information

Do not submit protected health information, patient-identifying information, medical records, diagnostic images, payment-card information, Social Security numbers, or other sensitive information through a general website form unless Captiva Spine has expressly instructed you to use an authorized secure submission method.

Submitting information through a general Site form does not create a patient, physician, healthcare-provider, fiduciary, or confidential advisory relationship with Captiva Spine.

If you submit information concerning another person, you represent that you are legally authorized to provide it.

11. Privacy

Captiva Spine’s collection, use, disclosure, and protection of personal information submitted through the Site are described in our Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference. By using the Site, you acknowledge the practices described in the Privacy Policy.

If the Site uses cookies, analytics tools, or similar technologies, additional information and available privacy controls may be provided through the Privacy Policy or cookie-management interface.

12. Electronic Communications

When you communicate with Captiva Spine electronically, you consent to receive communications from us electronically in response to your inquiry or as otherwise permitted by applicable law.

Marketing communications will be managed in accordance with applicable law and our Privacy Policy. You may unsubscribe from eligible marketing emails by using the unsubscribe instructions contained in those communications.

Unsubscribing from marketing communications may not prevent Captiva Spine from sending nonpromotional messages concerning an account, inquiry, transaction, product safety matter, or other existing business relationship.

13. Third-Party Websites and Services

The Site may include links to third-party websites, publications, platforms, services, or resources. These links are provided for convenience and informational purposes only.

A link does not mean that Captiva Spine owns, controls, sponsors, endorses, or assumes responsibility for the third-party content, unless expressly stated otherwise.

Captiva Spine is not responsible for:

The accuracy, availability, security, or content of third-party websites;
Products or services offered by third parties;
Third-party privacy, security, or data-collection practices; or
Losses arising from your access to or use of a third-party website or service.

Your use of a third-party website or service is governed by that third party’s terms and policies.

14. Accuracy and Availability

Captiva Spine makes reasonable efforts to provide accurate and current information. However, medical, clinical, regulatory, technical, and product information may change over time.

Captiva Spine does not warrant that:

Site content is complete, current, accurate, or error-free;
Every error or defect will be corrected;
The Site will operate continuously or without interruption;
The Site will be compatible with every device, browser, or system; or
The Site or its servers will be free from viruses, malware, or other harmful components.

Captiva Spine may modify, suspend, restrict, or discontinue any portion of the Site at any time, with or without notice.

15. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, FEATURES, AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

CAPTIVA SPINE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.

CAPTIVA SPINE DOES NOT WARRANT THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SITE WILL PRODUCE ANY PARTICULAR CLINICAL, MEDICAL, BUSINESS, TECHNICAL, OR COMMERCIAL RESULT.

Some jurisdictions do not permit the exclusion of certain warranties. In those jurisdictions, the exclusions above apply only to the extent permitted by law.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAPTIVA SPINE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO:

Your access to or use of the Site;
Your inability to access or use the Site;
Your reliance on Site content;
Errors, omissions, delays, or interruptions;
Unauthorized access to or alteration of your communications or data;
Third-party content, websites, products, or services; or
Malware or other harmful components transmitted through the Site.

This limitation applies regardless of the legal theory asserted and even if Captiva Spine has been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited. The limitations in this section do not apply to obligations or liabilities established under a separate written agreement with Captiva Spine.

17. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Captiva Spine and its affiliates, officers, directors, employees, representatives, licensors, and service providers from claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising from or related to:

Your unlawful or unauthorized use of the Site;
Your material violation of these Terms;
Content or information you submit through the Site; or
Your infringement or violation of another person’s rights.

Captiva Spine reserves the right to control the defense and settlement of any matter subject to indemnification. You agree to provide reasonable cooperation in that defense.

18. Enforcement and Termination

Captiva Spine may investigate suspected violations of these Terms and take appropriate action, including:

Restricting or terminating Site access;
Suspending or closing an account;
Preserving relevant information;
Removing submitted content;
Reporting suspected unlawful activity to appropriate authorities; or
Pursuing remedies available at law or in equity.

Captiva Spine may cooperate with law-enforcement authorities, regulators, courts, and other authorized parties as permitted or required by law.

Termination of your access does not limit any rights or remedies available to Captiva Spine. Provisions that, by their nature, should survive termination will remain effective, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution.

19. Governing Law and Venue

These Terms and any dispute arising from or relating to the Site will be governed by the laws of the State of Florida, without regard to its conflict-of-laws principles.

Subject to applicable law, any legal action arising from or relating to these Terms or the Site must be brought exclusively in the state courts located in Palm Beach County, Florida, or the United States District Court having jurisdiction over Palm Beach County, Florida.

You consent to the personal jurisdiction and venue of those courts.

20. Changes to These Terms

Captiva Spine may update these Terms periodically to reflect changes in the Site, Captiva Spine’s practices, applicable law, or other business and regulatory requirements.

The current version will be posted on the Site with a revised effective date. Material changes may also be communicated through an additional notice when required by law or when Captiva Spine determines that additional notice is appropriate.

Your continued use of the Site after revised Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Site.

21. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed from these Terms. The remaining provisions will remain in full force and effect.

22. No Waiver

Captiva Spine’s failure to enforce a provision of these Terms does not waive its right to enforce that provision or any other provision in the future.

23. Assignment

You may not assign or transfer your rights or obligations under these Terms without Captiva Spine’s prior written consent.

Captiva Spine may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or other legitimate business transaction.

24. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms expressly presented for a particular Site feature, constitute the entire agreement between you and Captiva Spine concerning access to and use of the Site.

These Terms do not replace or modify any separate written agreement between you or your organization and Captiva Spine. If a separate written agreement conflicts with these Terms, the separate written agreement will control with respect to its subject matter.

25. Contact Information

Questions concerning these Terms or requests for permission to use Captiva Spine materials may be directed to:

Captiva Spine, Inc.
967 N. Alternate A1A, Suite 1
Jupiter, Florida 33477-3206
Telephone: 561-277-9480

Effective Date: September 15, 2026