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Pillcam COLON 2

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE.

This Website 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.

These Terms of Use govern the access to and use of www.pillcamcolon.com (the “Website”), which is owned and operated by Given Imaging Ltd. ("Given Imaging" or the “Company”). Your use of this Website constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Website, you represent and warrant to Given Imaging that you will not use this Website for any purpose that is unlawful, immoral, or prohibited by the Terms of Use. If you do not agree and accept without modification the Terms of Use set forth herein, do not use this Website. Other than this Terms of Use Policy, Given Imaging 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 Imaging 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 Effective Date and the Last Modified Date. 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.

1. Intended Audience

This Website is intended for use only in jurisdictions where PillCam COLON can be used by and promoted to the general public, including physicians, associated medical personnel, patients, health clinics and hospitals, Given Imaging’s clients and its shareholders. This Website contains information about a product that is not cleared for use in the United States and certain other jurisdictions.

This Website is not intended for use by children under the age of 18. Please refer to Given Imaging’s Privacy Policy regarding use of this Website by children.

2. Website is for Informational Purposes Only

Given Imaging does not practice medicine or provide medical advice or diagnosis. Given Imaging 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 Imaging personnel should not be a substitute for professional medical advice or care. Given Imaging’s professionals cannot give any medical advice and cannot diagnose medical problems.

3. 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.

4. User Guidelines

You agree to adhere to the following guidelines when using this Website:

  • You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or publicity) of others.
  • You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent or unlawful material or information.
  • You may not upload files that contain software, content, or other material 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.
  • You may not upload files that contain viruses, corrupted files, or any other similar software, code, or programs that may damage the operation of another’s computer.
  • You may not 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.
  • You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
  • You may not use this Website to conduct or forward surveys, contests, chain letters, or commercial solicitations.
  • You may not download 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.
  • You may not provide personal information of others without their express permission.
  • You may not access or attempt to access Given Imaging’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.
  • You may not 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.

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 Imaging if Given Imaging needs to change or discontinue any of your ID’s and passwords.

You agree that any information that you provide will be true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete (or if Given Imaging has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), Given Imaging has the right to suspend or terminate your access and activity relating to, and to refuse any and all current or future access to or use of, this Website.

Given Imaging may suspend or terminate your service or access if it believes that such theft, use, access or breach, or any other breach of the Terms of Use, has occurred.

5. Our Privacy Policy

It is our policy to respect the privacy of all guests and registered users of this Website according to the terms of our Privacy Policy. You are responsible for any use or disclosure of your information, including personal and health information that you make on this Website, and any use or disclosure of this information on the Website is made at your own risk. Please consider carefully what information you choose to submit via the Website, and review our Privacy Policy.

6. Information You Post to this Website

With respect to all information you elect to post to publicly accessible areas of this Website, you agree that Given Imaging has the right to use, reproduce, copy, modify, publish, distribute, perform and display such information (in whole or part) publicly; provided that such use is in accordance with the terms of Given Imaging’s Privacy Policy.

You acknowledge and agree that Given Imaging may preserve information, and may also disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Terms of Use; (3) respond to claims that any information violates the rights of third-parties; or (4) protect the rights, property, or personal safety of Given Imaging’s business, employees, affiliated or related entities, and the public.

7. “Ask a Healthcare Professional” Feature

The Website’s “Ask a Healthcare Professional” feature invites you to submit a question to a healthcare professional via the Website. By using this option, you agree that: (1) you are over the age of 18; (2) you understand that the “Ask a Healthcare Professional” feature is intended for informational use only and it is not intended to provide medical advice or serve as a substitute for consultation with your healthcare provider; (3) you do not seek medical advice via the feature; (4) Given Imaging reserves the right to refuse to answer, for any reason, a question or request submitted via this feature; (5) the healthcare professionals who respond to questions and requests submitted via this feature are employees or paid consultants of Given Imaging; and (6) this feature and any information exchanged via this feature are subject to the Privacy Policy.

8. “Share Your Story” Feature

The Website’s “Share Your Story” feature invites you to describe your personal experience with PillCam COLON via the Website. By submitting information through this Website feature, you agree that: (1) you are over the age of 18; (2) all information provided is truthful and accurate to the best of your knowledge; (3) you have obtained all necessary releases from all parties mentioned in the information being provided, if any; (4) Given Imaging may use the information you provided to share your thoughts and experiences with third parties and users of the Website and in other Given Imaging communication tools; and (5) this feature and any information exchanged via this feature are subject to the Privacy Policy.

9. 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: (1) the link is a text-only link clearly marked “www.pillcamcolon.com Home Page”; (2) the link “points” to the URL www.pillcamcolon.com and not to other pages within the Website; (3) the appearance, position and other aspects of the link may does not damage or dilute the goodwill associated with Given Imaging’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 Imaging; and (5) the link, when activated by a user, displays the Website full-screen and not within a “frame” on the linking website. Given Imaging reserves the right to revoke its consent to any link at any time in the Company’s sole discretion.

10. 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 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 Imaging by sending an e-mail to Given Imaging’s Marketing and Communications Department 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 Materials on any other Website or networked computer environment is prohibited.

11. DISCLAIMERS

GIVEN IMAGING’S PRODUCTS ARE DESIGNED TO BE OPERATED ONLY BY PROPERLY TRAINED PERSONNEL IN A MANNER CONSISTENT 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.

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.

12. 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.

13. 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.

14. Jurisdictional Issues and Governing Law

This Website is controlled and operated by Given Imaging 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 of Use in which this Website and or the Terms of Use is an issue of material fact, or in which this Website and/or the Terms of Use 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 Imaging makes no representations that materials on this Website are appropriate or available for use in any particular jurisdiction.

15. 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 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.

16. Links to Other Websites and Services

This Website may contain links to websites operated by parties other than Given Imaging (“Third Party Websites”). Such links are provided for your reference only. Given Imaging 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 Imaging’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 Imaging’s inclusion of the links to the Third Party Websites does not imply that Given Imaging 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.

17. Request to Opt Out of Communications from Given Imaging

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

18. 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.

19. 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.

20. No Legal Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Given Imaging as a result of the Terms of Use or your use of the Website.

21. 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. Any alleged waiver of any breach of the Terms of Use shall not be deemed to be a waiver of any future breach.

22. 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