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Terms of Use
INDEX
CALL 911 FOR AN EMERGENCY
ABOUT THE INFORMATION ON THIS WEBSITE
OUR COPYRIGHTS AND TRADEMARKS
LINKS TO THIS WEBSITE AND USE OF MEDTRONIC
MARKS
LINKS TO OTHER SITES
YOUR FEEDBACK, COMMENTS AND IDEAS
NO WARRANTIES
LIMITATION OF LIABILITY
OTHER RULES ABOUT THIS SITE
QUESTIONS, COMMENTS, AND NOTICES
PLEASE READ THESE TERMS OF USE CAREFULLY.
These Terms of Use describe rules for visitors to this Medtronic
website. This website is owned and operated by Medtronic.
Medtronic is the name we use to refer to our whole business,
including Medtronic Xomed, Inc. and any of the
companies that it controls, such as its subsidiaries and
affiliates. When we use the words we or our, we mean Medtronic ENT. Medtronic ENT also
operates other websites. These Terms of Use do not apply to our
other websites. You should review the terms of use posted on
these Medtronic ENT websites when you visit
them.
These Terms of Use were last updated on April 2,
2002. We may change these Terms of Use at any time. Please
review the Terms of Use each time you visit the website. By
using this website, it means you accept the most recent version
of the Terms of Use.
CALL 911 FOR AN EMERGENCY.
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU
MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911
IMMEDIATELY.
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ABOUT THE INFORMATION ON
THIS WEBSITE.
Much of the information on this website relates to products and
services offered by Medtronic ENT. The
materials on this website are for your general educational
information only. Information you read on this website cannot
replace the relationship that you have with your health care
professional. Medtronic ENT does not practice
medicine or provide medical services or advice and the
information on this website should not be considered medical
advice. You should always talk to your health care professional
for diagnosis and treatment.
Health information changes quickly. Therefore,
it is always best to confirm information with your health care
professional.
This website contains information about products
and therapies authorized in the United States, and is intended
for an United States audience. If you live outside the U.S., you
may see information on this website about products or therapies
that are not available or authorized in your country.
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OUR COPYRIGHTS AND
TRADEMARK.
The materials on this website belong to or are licensed to us.
The materials are protected by United States and foreign
copyright laws. There are some important rules about copying
these materials. You may e-mail, download, or print copies of
the materials on this website, but only for your personal,
noncommercial use. When you e-mail, download, or print a copy of
the materials on this website, you must also include all
copyright and other notices that are in the materials, including
the copyright notice on the bottom of the page.
We also own the names we use for our products
and services on this website, and these names are protected by
United States and foreign trademark laws. An ® following a name
on our website indicates that the trademark has been registered
in the United States. A ™ following a name on our website
indicates that it is an unregistered trademark. All trademarks
are the property of their respective owners.
There may be special rules for the use of
materials provided on certain parts of this website. These
special rules will be posted near the materials.
If you use the materials or trademarks on this
website in a way that is not clearly allowed by these Terms of
Use, you are violating your agreement with us and may be
violating copyright, trademark, and other laws. In that case, we
automatically revoke your permission to use this website. Title
to the materials remains with us or with the authors of the
materials contained on this website. All rights not expressly
granted are reserved.
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LINKS TO THIS WEBSITE AND
USE OF MEDTRONIC ENT MARKS.
You are hereby granted a non-exclusive, limited, and revocable
license to link to this website. Medtronic Ear, Nose &
Throat reserves the right to revoke this license generally, or
your right to use specific links, at any time. If Medtronic Ear,
Nose & Throat revokes this license, you agree to remove and
disable any and all of your links to this website immediately.
You agree not to present the link to this
website in such a way that it is associated with advertising or
appears to be an endorsement of any organization, product, or
service. You agree that the link will not appear on a website
that a reasonable person may consider obscene, defamatory,
harassing, grossly offensive, or malicious. Under no
circumstances may you "frame" this website or any of
its content or copy portions of this website to a server. You
agree not to display or use the Medtronic logo or trademark in
any manner without our prior written permission.
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LINKS TO OTHER WEBSITES
This website may contain links to websites not operated by
Medtronic ENT. We provide these links for
your convenience, but we do not review, control, or monitor the
materials on any other websites. These websites may contain
information about uses of Medtronic products or therapies that
have not been approved in the United States. We do not control
or endorse this type of information. We are not responsible for
the performance of those websites or for your business dealings
with them. Your use of other websites is subject to the terms of
use of those websites, including the privacy policies of those
websites.
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YOUR FEEDBACK,
COMMENTS AND IDEAS.
While we are pleased to receive feedback, comments and ideas
from visitors to this website, we want you to understand that
any information that you submit through this website will be
considered non-personal, non-confidential, and non-proprietary
(other than personal information, as that term is defined in our
Privacy Statement). If you transmit any ideas, information,
concepts, know-how or techniques or materials to us through this
website, you hereby grant Medtronic an unrestricted,
royalty-free, irrevocable license to use, reproduce, display,
perform, modify, transmit and distribute them in any medium, and
agree that Medtronic is free to use them for any purpose.
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NO WARRANTIES.
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS
IS," "AS AVAILABLE" BASIS. MEDTRONIC EAR, NOSE
& THROATHEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEDTRONIC EAR,
NOSE & THROAT MAKES NO WARRANTY AS TO THE ACCURACY,
COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE
THROUGH THIS WEBSITE.
MEDTRONIC ENT MAKES NO
REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL
PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN
FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY
DESTRUCTIVE COMPUTER CODE.
Some states do not allow limitations on implied
warranties, so one or more of the above limitations may not
apply to you.
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LIMITATION OF
LIABILITY.
YOU AGREE THAT NEITHER MEDTRONIC ENT NOR ANY
PERSON OR COMPANY ASSOCIATED WITH MEDTRONIC EAR, NOSE &
THROAT SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR
INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE.
THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT,
STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION
COVERS MEDTRONIC ENT, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS
WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT
LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL
INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION.
THE TOTAL LIABILITY OF MEDTRONIC EAR, NOSE &
THROAT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS,
IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF
YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF
LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL
MEDTRONIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR
SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN
THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR
PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE OR MATERIALS ARE
EXCLUDED EVEN IF MEDTRONIC ENT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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OTHER RULES ABOUT THIS
WEBSITE.
In addition to the rules in these Terms of Use and the Privacy
Statement, you may be subject to additional terms that may apply
when you access particular services or materials on certain
areas in this website, such as when you purchase enhanced
services, or by following a link from this website. Please read
our Privacy Statement to learn how we protect and use
information that we gather through this website.
Your obligations under this section and the
sections called "Your Feedback", "No
Warranties" and "Limitation of Liability" will
survive termination of these Terms of Use.
If any provision of these Terms of Use is found
to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms of Use, which shall
remain in full force and effect. No waiver of any of these Terms
of Use shall be deemed a further or continuing waiver of such
term or condition or any other term or condition.
If you violate these Terms of Use or the Privacy
Statement in a way that causes harm to others, you agree to hold
Medtronic ENT harmless against any liability
for that harm.
By using this website, you agree that the only
proper jurisdiction and venue for any dispute with Medtronic
ENT, or in any way relating to your use of
this website, is in the state and federal courts in the States
of Minnesota and Florida, U.S.A. You further agree and consent
to the exercise of personal jurisdiction in these courts in
connection with any dispute involving Medtronic Ear, Nose &
Throat or its affiliates, employees, officers, directors,
agents, or suppliers.
These Terms of Use are governed by the internal
substantive laws of the States of Minnesota and Florida, without
respect to its conflict of laws principles, and the federal laws
of the United States.
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QUESTIONS, COMMENTS,
AND NOTICES.
Medtronic ENT may deliver notice to you by
electronic mail, a general notice on this website, or by written
communication delivered by First Class U.S. Mail to your address
on record with Medtronic. You may deliver notice to Medtronic by
using the Contact Medtronic feature, or at:
Medtronic Xomed, Inc.
6743 Southpoint Drive, North
Jacksonville, FL 32216
Attention: ObstructedNose.com
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