General
These Terms of Use (“Terms of Use") set forth herein apply to the Givenimaging.com web site (the “Web Site” or “Site”) owned, operated, licensed, or controlled by Given Imaging Ltd. ("Given Imaging") (the “Web Site”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEB SITE.
Given Imaging reserves the right, in its discretion and without notice at any time, to change, modify, add, or remove portions of these Terms of Use at any time; provided that if we decide to modify these Terms of Use, we will note at the bottom of these Terms of Use the date of the last update. Please check these Terms of Use periodically for changes. Your continued use of this Web Site following any updates to these Terms of Use will mean you accept the Terms of Use as then in effect.
This Web Site is intended for use by the general public, including, physicians, associated medical personnel, patients, health clinics and hospitals, Given Imaging’s clients and its shareholders. Any person under the age of 18 is not eligible to use the Given Imaging Web Site.
Restrictions on Use of Materials
Unless otherwise noted in these Terms of Use or elsewhere on this Web Site, 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 Web Site are subject to copyrights, trademarks, service marks, trade names and/or other intellectual property rights owned, controlled by or licensed to Given Imaging. No Given Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, provided, however, you may download,reproduce and distribute where specifically permitted on this Web Site, 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 Web Site contain additional requirements or limitations on the use of certain Given Materials.
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, specific permission must be granted in advance by sending a fax or e-mail to Given Imaging Marketing Communications Department.
Modification of any Given Materials on this Web Site or use of such Given Materials for any other purpose is a violation of Given Imaging's copyright and other proprietary rights. For purposes of these Terms of Use, the use of any such Given Material on any other web site or networked computer environment is prohibited.
Linking to the Web Site
Unless you have a written agreement in effect with Given Imaging which states otherwise, you may only provide a hypertext link to the Web Site on another web site, provided that (a) the link must be a text-only link clearly marked "givenimaging.com Home Page" or "givenimaging.com", (b) the link must "point" to the URL
"http://givenimaging.com" and not to other pages within the Web Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Given Imaging’s name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Given Imaging, (e) the link, when activated by a user, must display the Web Site full-screen and not within a "frame" on the linking web site, and (f) Given Imaging reserves the right to revoke its consent to the link at any time in its sole discretion.
Forums and Public Communications
"Forum" means a discussion group, chat area, bulletin board, news groups, letters to the editors, webmaster(s) or employees, or e-mail function offered as part of this Web Site. You are not permitted to upload to, to distribute through, or otherwise to publish through a Forum on this Web Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
The Forums shall be used only in a noncommercial manner. You may not, without our express approval, distribute or otherwise publish in a Forum any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting in a Forum other guests of this Web Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.
Unless you have a written agreement in effect with Given Imaging which states otherwise, any messages, suggestions, ideas, Forum postings or concepts that are submitted to Given Imaging via this Web Site shall become, and remain the property of Given Imaging. Furthermore, Given Imaging is not responsible for the confidentiality of any information communicated to this Web Site. By communicating material to the Web Site, you agree that Given Imaging has the right to publish the material in products or publications for any purpose, including, but not limited to, advertising and promotional purposes. You agree not to take action against Given Imaging or any of its officers, employees or managers in relation to material that you submit.
Our Privacy Statement
It is our policy to respect the privacy of all guests and registered users of this Web Site. Therefore, subject to the terms of our Privacy Statement (which you may access by clicking here), in general, we will not monitor, edit, or disclose the contents of a guest’s or registered user's e-mail or other personally identifiable information unless required in the course of normal maintenance of this Web Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Given Imaging; (2) protect and defend the legitimate business interests, rights or property of Given Imaging, its users, customers, sponsors or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests, registered users and other users of this Web Site shall remain solely responsible for the content of any messages or other content posted by them.
DISCLAIMERS
GIVEN IMAGING’S PRODUCTS ARE DESIGNED TO BE OPERATED ONLY BY PROPERLY TRAINED PERSONNEL.
THE MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIVEN IMAGING 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 IMAGING DOES NOT WARRANT THAT THE FUNCTIONS OR MATERIALS AVAILABLE ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES THIS WEB SITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIVEN IMAGING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GIVEN IMAGING) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
THE INFORMATION POSTED HERE BY GIVEN IMAGING OR ANY THIRD PARTY SHOULD NOT BE CONSIDERED MEDICAL ADVICE, AND IS NOT INTENDED TO REPLACE CONSULTATION WITH A QUALIFIED PHYSICIAN. GIVEN IMAGING DOES NOT ANSWER SPECIFIC MEDICAL QUESTIONS OR REFER PEOPLE TO A PARTICULAR MEDICAL PROFESSIONAL. YOU ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED ON THIS WEB SITE WITH OTHER SOURCES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GIVEN IMAGING BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF GIVEN IMAGING OR A GIVEN IMAGING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE AFOREMENTIONED, IN NO EVENT SHALL GIVEN IMAGING'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Indemnification
You agree to indemnify, defend, and hold harmless Given Imaging, 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 of Use.
Jurisdictional Issues and Governing Law
This Web Site is controlled and operated by Given Imaging from its offices within the United States. Given Imaging makes no representation that materials available through or on this Web Site are appropriate or available for use in other locations.
Those who choose to access this Web Site from other locations explicitly accept the jurisdiction of the State of Georgia, USA and its competent courts, do so on their own initiative and 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.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to the rules of choice of law. You agree that any legal action arising out of or relating to these Terms of Use shall be filed in the competent courts located in the State of Georgia only, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Content on Web Site.
Given Imaging has used efforts that it believes are reasonable in collecting, preparing and providing quality content and material on this Web Site, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or available through this Web Site. Users of content from this Web Site or links do so at their own risk.
Any reference made by this Web Site to any specific commercial product, process, or service (or provider of such product, process or service) other than of Given Imaging by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement or recommendation by Given Imaging. Content on this Web Site 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 Web Site, 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 Imaging.
Links to Other Web Sites and Services.
To the extent that this Web Site contain links to outside services and resources, Given Imaging does not control 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.
Right to Deny or Limit Access
Given Imaging reserves the right to limit or revoke any user’s access to this Web Site 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 Web Site.
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 of Use serve as the entire agreement between Given Imaging and users of this Web Site 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.
These Terms of Use were last modified on February 22, 2008.