Effective Date: May 11, 2012
Last Modified Date: May 11, 2012
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.
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.
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.
6. Information You Post to this Website
7. “Ask a Healthcare Professional” Feature
8. “Share Your Story” Feature
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
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 email@example.com. Given Imaging retains sole discretion to grant or deny such requests.
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.
14. Jurisdictional Issues and Governing Law
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 firstname.lastname@example.org and indicate which communications you no longer wish to receive.
18. Right to Deny or Limit Access
20. No Legal Relationship
21. Entire Agreement
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:
3950 Shackleford Road, Suite 500
Duluth, GA, USA 30096
(770) 662-0870 phone
(678) 291-0140 fax