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Terms of Use

Terms of Use

Last Revised: October 15, 2012

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE.
PLEASE NOTE: This Website is for informational purposes only, and it does not provide medical advice. If you think you may have a medical emergency, call your doctor or the medical emergency number in your area immediately.

 

  • Preamble

Given Imaging Ltd. and/or its affiliates (collectively, "Given" or the “Company”) welcome you to this website at the address [www.givenimaging.com] (the “Website”). Each of the visitors to this Website (“User” or “you”) is invited to learn about the Company and its innovative products.

  • Acceptance of the Terms

Your use of this Website constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein, including the terms of the Privacy Policy at the address http://www.givenimaging.com/en-int/Pages/Privacy-Policy.aspx (collectively, the “Terms”). IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.
Other than these Terms, Given will not enter into any agreement with you or obligation to you through this Website, and no attempt to create such an agreement or obligation will be effective.
Given reserves the right, in its discretion and without notice at any time, to change, modify, add, or remove portions of the Terms of Use at any time, provided that if we decide to modify these Terms of Use, we will update the Last Revised Date. We shall make reasonable efforts to post a prominent notice in case the Terms of Use will change substantially. You can review the most current version of the Terms of Use at any time at: http://www.givenimaging.com/en-int/Pages/Legal-Notice.aspx.
Please check the Terms periodically for changes. Your continued use of this Website following any updates to these Terms will mean you accept the Terms as then in effect, including any subsequent additions, changes or modifications to the terms and conditions expressed herein.

  • Intended Audience

This Website is intended for use by the general public, including, physicians, associated medical personnel, patients, health clinics and hospitals, Given’s clients and its shareholders. Any person under the age of 18 is not eligible to use the Website.

  • Website is for Informational Purposes Only

Given does not practice medicine or provide medical advice or diagnosis. Given provides this Website for informational purposes only. No information contained in the Website is intended or should be construed to provide medical advice or diagnosis, to establish a patient-physician relationship, or to serve as a substitute for talking to your health care provider. It is important that you rely only on the advice of your own physician or other suitable healthcare provider to advise you on your specific situation. The information provided by this Website or by Given’s representatives should not be a substitute for professional medical advice or care. Given’s representatives cannot give any medical advice and cannot diagnose medical problems.

  • Applicable Laws

Your use of the Website may be subject to international, European Union, national, federal, state and local laws and regulations, including, but not limited to, laws regulating the privacy and security of health information, professional licensure, and the practice of medicine. You are solely responsible for your use of this Website being in compliance with all applicable international, European Union, national, federal, state and local laws and regulations.

  • Use Restrictions

Certain conducts on the Website are strictly prohibited. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to the Website and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:

  • Use the Website for any illegal, unlawful or unauthorized purposes.
  • Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Website in any way.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or publicity) of others.
  • Publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent or unlawful material or information.
  • Upload files that contain software, content, or other materials protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control all necessary rights to the files or have received all necessary consents.
  • Upload files that contain viruses, malicious files, corrupted files, or any other software, code, or program that may damage the operation of another’s computer.
  • Delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
  • Falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
  • Use this Website to conduct or forward surveys, contests, chain letters, or commercial solicitations.
  • Use the Website for non-personal or commercial purposes without Company’s express prior written consent.
  • Download or use any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Access or attempt to access Given’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
  • Attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with this Website.
  • Provide personal information of others without their express permission.
  • Impersonate any person or entity or provide false information.
  • Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company or any third party endorses you, your website, your business or any statement you make, or present false or inaccurate information about the Company.
  • Create a browser, frame, border environment or GUI around the Website.
  • User Representations And Undertakings
  • As a condition for your use of the Website, you hereby represent and warrant that:
  • You will not infringe or violate any term or condition included in the Terms.
  • You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Website in accordance with these Terms, and to fully perform your obligations hereunder.
  • Your performance under the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject.
  • The information that you will provide to Given through the Website or otherwise will be true, accurate, current and complete. You acknowledge that If you will provide any information that is untrue, inaccurate, not current or incomplete (or if Given has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), Given has the right to terminate your access to this Website and take any other measures it will deem appropriate.
  • In the event you are provided with user ID’s and passwords in the use of this Website, you shall maintain such user ID’s and passwords in confidence, and you agree not to distribute or disclose the same to third parties. If you believe that such ID or password is or may be subject to theft, unauthorized use or access, or a breach of confidentiality, it is your responsibility to notify Given if Given needs to change or discontinue any of your ID’s and passwords.
  • Privacy Policy
  • We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you access or use Website. Our policy and practices and the type of information we may collect are described in our Privacy Policy at http://www.givenimaging.com/en-int/Pages/Privacy-Policy.aspx. If you intend to access or use the Website you must first read and agree to the Privacy Policy.

  • Linking to the Website

Unless you have a written agreement in effect with Given which states otherwise, you may only provide a hypertext link to the Website on another website, provided that: (1) the link is a text-only link clearly marked “www.givenimaging.com Home Page”; (2) the link “points” to the URL www.givenimaging.com and not to other pages within the Website (i.e. no “deep linking” is allowed); (3) the appearance, position and other aspects of the link may does not damage or dilute the goodwill associated with Given’s name and trademarks; (4) the appearance, position and other aspects of the link does not create the false appearance that an entity is associated with or sponsored by Given; and (5) the link, when activated by a user, displays the Website full-screen and not within a “frame” on the linking website. Given reserves the right to revoke its consent to any link at any time in the Company’s sole discretion.

  • Restrictions on Use of Materials

Unless otherwise noted in these Terms of Use or elsewhere on this Website, all materials (collectively, “Given Materials”), including company logos, images, illustrations, designs, icons, photographs, video clips, flash, software files, presentations and documents, and other materials that are part of this Website are subject to copyrights, trademarks, service marks, trade names and/or other intellectual property rights owned, controlled by or licensed to Given. No Given Materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way; provided, however, that you may download, reproduce and distribute, where specifically permitted on this Website, one copy of the applicable Given Materials for your personal use only, provided you keep intact all copyright and other proprietary notices originally found on such Given Materials. Other portions of this Website contain additional requirements or limitations on the use of certain Given Materials, and your use of this Website binds you to such express requirements and limitations.
In cases where any Given Material is to be used as raw material or as the basis for TV, radio, news or a web-based article or item, you must seek and obtain specific permission in advance for such use from Given by sending an e-mail to Given’s Marketing and Communications Department at [info@givenimaging.com]. Given retains sole discretion to grant or deny such requests.
Modification of any Given Materials on this Website or use of such Given Materials for any other purpose is a violation of Given’s copyright and other proprietary rights. In accordance with these Terms, the use of any such Given Materials on any other Website or networked computer environment is strictly prohibited.

  • DISCLAIMERS

GIVEN’S PRODUCTS ARE DESIGNED TO BE OPERATED ONLY BY PROPERLY TRAINED PERSONNEL IN A MANNER CONSISTENT WITH THEIR LABELING.
THE MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIVEN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
GIVEN DOES NOT WARRANT THAT THE FUNCTIONS OR MATERIALS AVAILABLE ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER(S) THAT MAKES THIS WEBSITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIVEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OE INFORMATION ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GIVEN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
THE INFORMATION POSTED HERE BY GIVEN OR ANY THIRD PARTY SHOULD NOT BE CONSIDERED MEDICAL ADVICE, AND IS NOT INTENDED TO REPLACE CONSULTATION WITH A QUALIFIED PHYSICIAN. GIVEN DOES NOT ANSWER SPECIFIC MEDICAL QUESTIONS OR REFER PEOPLE TO A PARTICULAR MEDICAL PROFESSIONAL.
THE INFORMATION PROVIDED THROUGH THE “FIND A PHYSICIAN” FEATURE IS PROVIDED FOR YOUR CONVENIENCE ONLY. GIVEN DOES NOT RECOMMEND OR ENDORSE THE USE OF ANY PARTICULAR PHYSICIAN. GIVEN DOES NOT MONITOR THE PROFFESIONAL PRACTICE OR CURRENT LICENSURE STATUS, AND IS NOT RECOMMENDING THE SERVICES OF ANY PHYSICIAN YOU MAY LOCATE BY USING THIS FEATURE.
NOTE: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WAARRANTIES OR THE LIMITATION OF LIABILITY. THEREFORE, THE FOREGOING DISCLAIMER OF IMPLIED WARRANTIES AND THE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

  • LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GIVEN BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS OR INFORMATION  ON THIS WEBSITE, EVEN IF GIVEN OR A GIVEN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE AFOREMENTIONED, IN NO EVENT SHALL GIVEN'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED TEN US DOLLARS ($10).

  • Indemnification

You agree to indemnify, defend, and hold harmless Given, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.

  • Jurisdictional Issues and Governing Law

This Website is controlled and operated by Given from a server that resides in Atlanta, Georgia, USA. You agree that this Terms of Use Policy and your use of this Website are governed by the procedural and substantive laws of the State of Georgia, USA without regard to any conflict of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the courts in Atlanta, Georgia, USA in all disputes arising out of, relating to, or concerning this Website and/or the Terms  in which this Website and or the Terms  is an issue of material fact, or in which this Website and/or the Terms is referenced in a paper filed in a court.
Those who choose to access this Website from other locations (1) explicitly accept the jurisdiction of the State of Georgia, USA and its competent courts, (2) do so on their own initiative, and (3) are responsible for establishing the usability or correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable.
Given makes no representations that materials on this Website are appropriate or available for use in any particular jurisdiction.

  • Content on Website

Any reference made by this Website to any specific commercial product, process, or service (or provider of such product, process or service) other than of Given by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement or recommendation by Given. Content on this Website may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties through this Website, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Given.

  • Links to Other Websites and Services

This Website may contain links to websites operated by parties other than Given (“Third Party Websites”). Such links are provided for your reference only. Given does not control, review, or endorse the availability and content of such outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. 


Given’s inclusion of links to Third Party Websites does not imply any endorsement of the material on the Third Party Websites or any sponsorship, affiliation, or association with their owners, operators, or sponsors. Given’s inclusion of the links to the Third Party Websites does not imply that Given is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol or other material that may be reflected in the links or on the Third Party Websites.

  • Request to Opt Out of Communications from Given

If you wish to opt out of future communications from Given, please contact us at [info@givenimaging.com] and indicate which communications you no longer wish to receive.

  • Right to Deny or Limit Access

Given reserves the right to limit or revoke any user’s access to this Website in its sole discretion, at any time, and for any reason, including, but not limited to any violation of these Terms of Use or in the event of technical difficulties associated with the Website.

  • Severability

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

  • Entire Agreement

These Terms serve as the entire agreement between Given and users of this Website relating to the subject matter herein and may not be modified except as provided above or in a writing that has been signed all parties sought to be bound thereby. Any alleged waiver of any breach of the Terms not be deemed to be a waiver of any future breach.

  • Further Information

For further information or to contact us with questions, concerns, or comments, you may write, call, fax, or e-mail us as follows:


Given Imaging
3950 Shackleford Road, Suite 500
Duluth, GA, USA 30096
(770) 662-0870 phone
(678) 291-0140 fax
info@givenimaging.com