Terms of Use
General
These Terms of Use (“Terms of Use") set forth herein apply to the CapsuleEndoscopy.org website (the “website” or “Site”) owned, operated, licensed, or controlled by Given Imaging Ltd. ("Given Imaging") (the “website”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. 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 WEBSITE.
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 website following any updates to these Terms of Use will mean you accept the Terms of Use as then in effect, including any subsequent additions, changes or modifications to the Terms and Conditions expressed herein.
This website 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. The Given Imaging Website is not intended for use by children under the age of 18.
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 Imaging. No Given Material 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 Imaging by sending a fax or e-mail to Given Imaging Marketing and Communications Department. Fax: 1-678-291-0140 or via email at info@givenimaging.com. Given Imaging 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 Imaging's copyright and other proprietary rights. In accordance with these Terms of Use, the use of any such Given Material on any other website or networked computer environment is prohibited.
Linking to the Website
Unless you have a written agreement in effect with Given Imaging which states otherwise, you may only provide a hypertext link to the website on another website, provided that (a) the link is a text-only link clearly marked "capsuleendoscopy.org Home Page" or "capsuleendoscopy.org", (b) the link "points" to the URL http://capsuleendoscopy.org and not to other pages within the website, (c) the appearance, position and other aspects of the link does not damage or dilute the goodwill associated with Given Imaging’s name and trademarks, (d) 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 Imaging, (e) the link, when activated by a user,display the website full-screen and not within a "frame" on the linking website. Given Imaging reserves the right to revoke its consent any link at any time in the Company's 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 website.
Forum Usage Rules
As a Forum User, you agree to refrain from engaging in the following conduct:
• Harassing, threatening, embarrassing or otherwise abusing another Forum User;
• Posting any vulgar, obscene or otherwise objectionable language as determined by Given Imaging in its sole discretion;
• Posting any indecent, sexually explicit or adult-oriented content;
• Posting any racially or ethnically offensive language;
• Discussing, inciting or facilitating illegal activity;
• Advertising or offering other products or services for sale;
• Using a Forum to conduct a contest, sweepstakes or game;
• Interfering with or disrupting the flow of discussion between Forum Users, or otherwise acting in a way that negatively affects a Participant's ability to engage in real time dialog in a Forum;
• Uploading, posting or transmitting any content that contains viruses, corrupt files or anything designed to interrupt, destroy or limit the functionality of any computer or telecommunications system;
• Uploading, posting or transmitting any content that infringes any copyright, patent, trademark, trade secret or other intellectual property rights held by another;
• Uploading, posting or transmitting any content that you do not have a right to submit as a result of any contractual or fiduciary obligation;
• Impersonating, or representing yourself as, another Forum User or Given Imaging employee;
• Harming minors (persons under 18) in any way whatsoever, including but not limited to, requesting personal or other information from a minor; and
• Intentionally or unintentionally violating any applicable local, state, national or international law, rule or regulation.
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 Website shall become, and remain the property of, Given Imaging. Furthermore, any content posted within a Forum will be treated as non-confidential. By communicating material in any fashion to the Website, you hereby grant Given Imaging a lifetime world-wide, royalty-free, non-exclusive right to reproduce, modify, adapt, publish and distribute such content. In addition, Given Imaging may preserve or disclose any content that the Company reasonably believes is necessary to: (1) comply with applicable laws, rules or regulations; (2) respond to claims of infringement; (3) enforce the Terms of Use expressed herein; or (4) protect the rights or safety of Website Users.
Participants may provide content containing links to or referring to other websites or resources. Given Imaging does not endorse, nor is it responsible for, any content found on such sites or through such resources. You are fully responsible for your use of or reliance on any such content or goods or services available through these sites or resources. You agree not to take action against Given Imaging or any of its officers, employees or managers in relation to any material that you submit via this Website.
Consult a Colleague Tool
By using the Consult a Colleague Tool (the Tool), you agree to the Tool’s terms and conditions (Tool Terms and Conditions), which constitute a legal agreement between you and Given Imaging. Please be aware that there are other terms and conditions and a privacy policy that apply to your use of Given Imaging’s Website generally. By using the Tool, you assent to these terms and conditions and privacy policy.
Given Imaging may revise and update the Tool Terms and Conditions at any time. You will be able to view the most current version by clicking on a link at the bottom of any page on the Tool. Your continued use of this Website following any updates to the Tool Terms and Conditions will mean you accept the Tool Terms and Conditions as then in effect, including any subsequent additions, changes or modifications to the Tool Terms and Conditions expressed herein.
This Tool is intended for the use of endoscopic gastroenterologists and gastroenterologists interested in capsule endoscopy. Use of the Tool is limited to licensed physicians. Any physician that uses this Tool must register with the Website and provide his/her name and other contact information. This personally identifiable information will not be shared with any third parties, and is only used by Given Imaging to verify that the registrant is currently a licensed physician and therefore qualified to use the Tool.
Users of this Tool who submit health information, including images, for evaluation by other users (Submitting User) and users who evaluate the medical data and images submitted by Submitting Users (Responding Users) (collectively, Users) are all bound by these terms and conditions. As a User, you are solely responsible for your use of this Tool, including your own communications of any information, including images, through the use of this Tool (Communications), the consequences of posting those Communications or requesting Communications from other Users, and your reliance on any Communications found or accessed through use of this Tool.
Tool Terms and Conditions:
You agree that you will not upload or transmit any Communications that infringe or violate any rights of any party. By submitting Communications using this Tool, you agree that such submission is non-confidential for all purposes.
In consideration of being allowed to use this Tool, you agree that the following actions shall constitute a material breach of the Tool Terms and Conditions:
• Posting harassing, threatening, embarrassing or otherwise abusive material regarding another Tool User;
• Posting any vulgar, obscene or otherwise objectionable language as determined by Given Imaging in its sole discretion;
• Intentionally posting any false or misleading material;
• Posting any indecent, sexually explicit or adult-oriented content;
• Posting any racially or ethnically offensive language;
• Discussing, inciting or facilitating illegal activity;
• Advertising or offering other products or services for sale;
• Using the Tool to conduct a contest, sweepstakes or game;
• Interfering with or disrupting the flow of discussion between Tool Users, or otherwise acting in a way that negatively affects a User's ability to engage in real time dialog through the Tool;
• Uploading, posting or transmitting any content that contains viruses, corrupt files or anything designed to interrupt, destroy or limit the functionality of any computer or telecommunications system;
• Uploading, posting or transmitting any content that infringes any copyright, patent, trademark, trade secret or other intellectual property rights held by another;
• Uploading, posting or transmitting any content that you do not have a right to submit as a result of any contractual or fiduciary obligation;
• Impersonating, or representing yourself as another User or Given Imaging employee;
• Harming minors (persons under 18) in any way whatsoever, including but not limited to, requesting personal or other information from a minor; and
• Intentionally or unintentionally violating any applicable local, state, national or international law, rule or regulation.
Given Imaging reserves the right (but is not obligated) to take any or all of the following actions:
• Record all Communications;
• Investigate an allegation that a Communication(s) does not conform to the terms of this section and determine in its sole discretion to remove the Communication(s);
• Remove any and all Communications which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms and Conditions.
• Terminate a User's access to this Tool upon any breach of these Terms and Conditions.
The Sponsor has no liability or responsibility to Users for performance or nonperformance of the foregoing activities
Disclaimer of Responsibility
Given Imaging does not control the content of Communications facilitated by the Tool. Any information or opinions, including medical opinions, contained in Communications are solely the responsibility of those Users providing those Communications. Given Imaging assumes no responsibility for the accuracy, reliability, or timeliness of any Communications. Furthermore, Given Imaging makes no warranty that the Tool will meet your needs or requirements; that it will be uninterrupted, secure or error free; or that its content will be accurate or reliable. Given Imaging has no liability for any errors or omissions or loss or damage, including loss of data, incurred as a result of your use or reliance on the Tool. You should not provide any Communications that you expect to keep private or to which you need to retain access.
THE SPONSOR MAKES NO REPRESENTATION OR WARRANTY, AND SPECIFICALLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THIS TOOL OR THE COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND DATA INTEGRITY. YOUR USE OF THIS TOOL IS AT YOUR OWN RISK.
Note: Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability. Therefore, the foregoing disclaimer of implied warranties and the limitation of liability may not apply to you.
Hold Harmless and Indemnification
You agree to indemnify and hold harmless the Sponsor, its directors, officers, employees, and other agents from and against any claims, damages, actions, costs, liabilities, penalties, fines, or injuries, including but not limited to fees and costs of counsel, resulting or arising from your use of this Tool, to the fullest extent permitted by law.
User is Responsible for Compliance with Applicable Laws
Users of this Tool may be subject to international, federal, state and local laws, including, but not limited to, laws regulating the privacy and security of health information, professional licensure, and the practice of medicine (collectively, Laws). As a User you are solely responsible for your use of this Tool being in compliance with all applicable Laws. The Sponsor takes no responsibility for, and makes no representations or warranties concerning, the privacy, confidentiality, or security of any Communication related to a patient's health entered, disclosed, or transmitted by a Submitting User. As a User, you are responsible for any use or disclosure of patient health information that you make using this Tool and any use or disclosure of patient health information is made at your own risk.
Given Imaging Does Not Practice Medicine or Provide Medical Advice or Diagnosis
Given Imaging provides Users access to this Tool as a convenience and a forum for the exchange of ideas or information only. This Tool is not intended as a medical device and it is not intended to be used in the diagnosis or treatment of health conditions or diseases. Any use of this Tool to establish any patient-physician relationship is strictly prohibited. Given Imaging does not engage in the practice of medicine. Users are responsible for evaluating Communications using their own independent medical judgment and experience, and should not rely upon any Communication in the treatment of his/her patient(s). Users may not use this Tool in any way that may create or imply the establishment of any physician-patient relationship between Responding Users and Submitting Users' patients.
No Endorsement of User Competence or Professional Credentials
Given Imaging does not endorse, and is not responsible or liable for, the accuracy or reliability of any communication including but not limited to any medical opinions communicated using this Tool regarding capsule endoscopy images posted using this Tool. Given Imaging provides no representations or warranties regarding the competence or professional credentials of any User. It is the sole and exclusive responsibility of each Submitting User to evaluate the accuracy and/or completeness of any Communications and the credentials of any Responding User, and it is the sole and exclusive responsibility of each Responding User to evaluate the accuracy and/or completeness of any Communications and the credentials of any Submitting User. Under no circumstances will the Sponsor be liable for any loss or damage caused by a User's reliance on any Communication.
Passwords
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your www.CapsuleEndoscopy.org passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of identifications and passwords; (2) authorize, monitor, and control access to and use of your www.CapsuleEndoscopy.org identification and password; and (3) promptly inform web@givenimaging.com of any need to deactivate a password. You grant Given Imaging and all other persons or entities involved in the operation of the Tool the right to transmit, monitor, retrieve, store, and use your Communications in connection with the operation of the Tool. Given Imaging cannot and does not assume any responsibility or liability for any Communication you submit, or your or any third party’s use or misuse of information transmitted or received using the Tool
Our Privacy Statement
It is our policy to respect the privacy of all guests and registered users of this Website. Therefore, subject to the terms of our Privacy Statement (which you may access by clicking here), 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 Website 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 Website 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 IN A MANNER CONSISTEN WITH THEIR LABELING.
THE MATERIALS IN 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 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 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 IMAGING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE 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 WEBSITE WITH OTHER SOURCES.
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 IMAGING BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEBSITE, 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 Website 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 Website are appropriate or available for use in other locations.
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.
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 Website.
Given Imaging has used efforts that it believes are reasonable in collecting, preparing and providing quality content and material on this Website, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or available through this Website. Users of content from this Website or links do so at their own risk.
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 Imaging by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement or recommendation by Given Imaging. 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 Imaging.
Links to Other Websites and Services.
To the extent that this Website contains 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 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 of Use serve as the entire agreement between Given Imaging 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.