Website Terms of Use

Your access to and use of K2M websites is subject to these Terms and all applicable laws and regulations.

If you do not agree with these Terms, you should not access or use the relevant K2M website.

Certain K2M websites, platforms, applications, portals, or services may be subject to additional terms, notices, licenses, or contractual agreements. Where additional terms apply, they will govern the relevant service or activity to the extent of any conflict.

K2M websites are provided for general informational, professional, corporate, and business purposes.

Unless expressly stated otherwise, content made available through a K2M website is provided for informational purposes and does not:

• constitute an offer to provide professional services;
• create a client, advisory, fiduciary, employment, agency, partnership, or other professional relationship;
• constitute legal, financial, security, intelligence, investment, or other professional advice;
• constitute a representation that a particular service is available in every jurisdiction; or
• modify any written agreement between K2M and another party.

Specific services are subject to applicable contracts, statements of work, proposals, engagement letters, or other governing documents.

Unless otherwise indicated, the content and materials available through K2M websites, including text, graphics, photographs, images, video, audio, software, interfaces, layouts, logos, trademarks, service marks, documents, reports, and their arrangement, are owned by, licensed to, or otherwise controlled by K2M or its respective licensors.

Nothing in these Terms grants you any ownership interest or license in K2M intellectual property except for the limited right to access and use the website for lawful purposes in accordance with these Terms.

K2M and its licensors reserve all rights not expressly granted.

Subject to these Terms, you may access, view, and, where enabled by the website, download or print reasonable portions of publicly available content for your personal, informational, or internal business use.

You may not, without prior written authorization from K2M:

• reproduce, republish, distribute, sell, license, or commercially exploit website content;
• modify or create derivative works from website content;
• remove copyright, trademark, attribution, or other proprietary notices;
• systematically extract, scrape, crawl, harvest, or collect website content or data;
• use website content to create or train a competing database, service, product, or dataset;
• mirror or reproduce substantial portions of a K2M website;
• frame or embed K2M content in a manner that suggests unauthorized affiliation or endorsement; or
• use K2M content in a way that violates applicable law or third-party rights.

K2M may restrict, suspend, or terminate access to website content where it reasonably believes these Terms or applicable law have been violated.

K2M names, logos, marks, service names, product names, designs, and other brand assets may constitute trademarks or other proprietary rights of K2M or third parties.

No trademark or brand right is granted by implication, estoppel, or otherwise through access to or use of a K2M website.

Third-party names, trademarks, logos, and service marks appearing on K2M websites remain the property of their respective owners.

You agree to use K2M websites only for lawful purposes and in a manner that does not interfere with the operation, security, integrity, or availability of the websites or their underlying systems.

You must not:

• attempt to gain unauthorized access to systems, accounts, networks, or information;
• circumvent or interfere with security controls;
• introduce malicious code, malware, or harmful content;
• conduct denial-of-service or similar disruptive activity;
• use automated systems to access the website in a manner that places unreasonable load on K2M systems;
• impersonate another person or organization;
• submit information that you do not have the legal right to submit;
• use the website to violate applicable laws or regulations;
• infringe intellectual property, privacy, confidentiality, or other rights;
• use website content for unlawful surveillance, fraud, harassment, or other unlawful activity; or
• attempt to discover, reverse engineer, decompile, disassemble, or otherwise derive source code from website technologies except where such restriction is prohibited by applicable law.

K2M may take appropriate technical, contractual, or legal measures in response to prohibited conduct.

Unless expressly stated otherwise in a separate written agreement, information submitted through a K2M website should not be considered confidential solely because it was submitted through the website.

You represent and warrant that you have the legal right and authority to submit the information and that doing so does not violate any contractual, legal, confidentiality, privacy, intellectual property, or other obligation applicable to you or the information.

Do not submit confidential, classified, privileged, proprietary, export-controlled, or otherwise restricted information through a public website form unless K2M has expressly instructed you to do so through an appropriate secure channel.

The submission of personal information is also subject to K2M’s applicable Privacy & Data Protection Policy.

K2M does not accept unsolicited confidential ideas, inventions, proposals, concepts, business models, technical solutions, product concepts, or other intellectual property submissions through public website channels unless K2M has expressly agreed in writing to receive them under a confidentiality or other appropriate agreement.

If you submit an unsolicited idea or proposal without an existing written confidentiality arrangement, you acknowledge that:

• K2M has no obligation to maintain the submission as confidential solely by virtue of receiving it;
• K2M has no obligation to compensate you for the submission or its use;
• K2M may already be developing or may independently develop concepts or solutions that are similar to the submission; and
• K2M may determine, in its discretion and subject to applicable law, whether and how to review, retain, return, delete, or otherwise handle the submission.

Nothing in this section limits rights that cannot lawfully be waived or transferred under applicable law.

If you wish to submit confidential information as part of an established business relationship, use the secure or contractual process designated by K2M.

K2M seeks to provide accurate and useful information through its websites. However, website content may contain errors, omissions, outdated information, technical inaccuracies, or typographical errors.

Information may be changed, updated, corrected, suspended, or removed at any time.

K2M does not guarantee that website content will always be complete, accurate, current, uninterrupted, or suitable for a particular purpose.

Information published on a K2M website should not be relied upon as a substitute for a formal proposal, contract, statement of work, professional engagement, or other authoritative document where one is required.

Accessing or using a K2M website does not by itself establish a client, consulting, advisory, fiduciary, employment, agency, partnership, joint venture, or other professional relationship between you and K2M.

A professional or commercial relationship exists only when expressly established through an applicable written agreement or other legally effective arrangement.

K2M websites may contain links to websites, applications, platforms, products, or services operated by third parties.

These links are provided for convenience or informational purposes.

A link to a third-party website does not necessarily constitute an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by K2M.

K2M does not control third-party websites or services and is not responsible for their content, availability, security, privacy practices, terms, or policies.

Your use of third-party websites and services is subject to the terms and policies of the applicable third party.

K2M uses reasonable measures intended to protect its websites and digital services. However, no website, network, transmission, or electronic storage system can be guaranteed to be completely secure.

K2M does not guarantee that its websites will be free from vulnerabilities, malicious code, interruptions, unauthorized access, or other security events.

You are responsible for maintaining appropriate security practices on systems and devices that you use to access K2M websites.

K2M may suspend, restrict, modify, or discontinue any website or feature at any time where reasonably necessary for security, maintenance, legal, operational, or business reasons.

To the maximum extent permitted by applicable law, K2M websites and their content are provided on an “AS IS” and “AS AVAILABLE” basis.

K2M disclaims warranties and representations, whether express, implied, statutory, or otherwise, to the extent permitted by applicable law, including warranties of:

• merchantability;
• fitness for a particular purpose;
• title;
• non-infringement;
• accuracy;
• availability;
• uninterrupted operation; and
• freedom from errors, vulnerabilities, or harmful components.

Nothing in these Terms excludes or limits a warranty, representation, or consumer right that cannot lawfully be excluded or limited under applicable law.

To the maximum extent permitted by applicable law, K2M and its affiliates, officers, directors, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, data, programs, or business interruption arising out of or related to:

• access to or use of a K2M website;
• inability to access or use a K2M website;
• reliance on website content;
• links to or content provided by third parties;
• unauthorized access, alteration, or loss of information; or
• other matters relating to the website,

whether based on contract, tort, negligence, strict liability, or another legal theory, except to the extent such limitation is prohibited by applicable law.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

To the extent permitted by applicable law, you agree to indemnify and hold harmless K2M and its affiliates, officers, directors, employees, contractors, licensors, and service providers from claims, liabilities, losses, damages, costs, and reasonable expenses arising from:

• your unlawful use of a K2M website;
• your violation of these Terms;
• your infringement of third-party rights;
• information or materials you submit without the required authorization; or
• your intentional or negligent misuse of the website.

This provision does not apply to the extent that the relevant claim results from K2M’s own unlawful conduct or from circumstances for which applicable law prohibits indemnification.

K2M operates internationally and certain information, technologies, services, software, technical data, or other materials accessible through K2M websites may be subject to export control, sanctions, trade restrictions, or other laws.

You are responsible for complying with the laws applicable to your access to and use of K2M websites and materials.

You must not access, download, transfer, export, re-export, or use materials in violation of applicable export control, sanctions, trade, or other laws.

K2M does not represent that website content or services are appropriate or available for use in every jurisdiction.

K2M may publish information concerning government, defense, security, intelligence, aerospace, technology, or other regulated or sensitive sectors.

The appearance of government, military, defense, or other institutional names, insignia, images, or information on a K2M website does not by itself imply endorsement, sponsorship, authorization, affiliation, or partnership by the relevant government or institution.

Where applicable, official government or defense information may be subject to the rights, restrictions, and notices of the relevant government authority.

K2M’s collection and processing of personal information through its websites are governed by the K2M Global Privacy & Data Protection Policy, together with any applicable jurisdiction-specific privacy notices.

The Privacy Policy is incorporated into these Terms by reference only to the extent necessary to govern privacy-related matters.

For privacy inquiries, contact:

[email protected]

K2M websites may use cookies and similar technologies as described in the applicable Privacy Policy and, where available, Cookie Policy.

Where required by applicable law, K2M will provide appropriate notice and controls concerning non-essential cookies and similar technologies.

K2M may modify these Terms from time to time to reflect changes in its websites, services, business operations, technology, legal requirements, or risk environment.

The “Last Updated” date indicates when these Terms were most recently revised.

Where permitted by law, updated Terms become effective when posted on the relevant website.

Where applicable law requires additional notice or affirmative acceptance, K2M will provide such notice or seek such acceptance.

K2M may suspend, restrict, or terminate access to all or part of a website without prior notice where reasonably necessary to:

• protect the security or integrity of the website;
• investigate suspected misuse;
• comply with legal or regulatory requirements;
• address security incidents;
• perform maintenance;
• protect K2M or third-party rights; or
• manage operational or business requirements.

Termination or suspension does not affect provisions that by their nature should survive, including intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute-related provisions.

These Terms are intended to operate across the jurisdictions in which K2M conducts business.

Unless a separate written agreement provides otherwise, these Terms will be interpreted and enforced in accordance with the laws applicable to the K2M entity responsible for the relevant website, without giving effect to conflict-of-law principles to the extent permitted by applicable law.

Nothing in these Terms is intended to deprive an individual or consumer of mandatory rights or protections available under the laws of the jurisdiction in which they are located.

Where a dispute arises concerning use of a K2M website, the parties should first seek to resolve the matter through good-faith communication.

Where applicable law permits contractual selection of a forum or jurisdiction, K2M may identify the applicable forum through the relevant contractual or jurisdiction-specific terms.

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, if necessary, severed from these Terms.

The remaining provisions will remain in full force and effect.

K2M’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or of K2M’s right to enforce it in the future.

These Terms, together with any documents expressly incorporated by reference, constitute the terms governing general use of the applicable K2M website.

They do not supersede or replace separate written contracts or agreements governing specific K2M services, projects, client engagements, procurement relationships, employment, or other business relationships.

In the event of a conflict, the terms of a specific written agreement will govern the relevant relationship or service to the extent permitted by applicable law.

Questions concerning these Website Terms of Use may be directed to:

Kratos II Management
General Contact: [email protected]
Privacy & Data Protection: [email protected]

These Website Terms of Use are designed as K2M’s general global framework for public website access and use.

They are not intended to replace:

• client agreements;
• statements of work;
• service-specific terms;
• procurement or supplier terms;
• software or platform licenses;
• Data Processing Addenda;
• confidentiality agreements;
• employment or contractor agreements; or
• jurisdiction-specific legal notices where those documents are required.

K2M may adopt additional terms, policies, notices, contractual provisions, or jurisdiction-specific supplements as necessary.

End of Terms of Use