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Terms of Use

Last updated: March 01, 2012

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SITE. Avantis Medical Systems, Inc. (“Avantis,” “we,” “us”) provides this website and all site-related services (collectively, the “Site”) subject to your compliance with the following terms and conditions set forth in this agreement (the “Terms of Use”). These Terms of Use govern the relationship between Avantis and you and any legal entity on behalf of which you are acting (“you”) with respect to use of the Site and any dispute related thereto. Please note that by visiting or using the Site you signify your assent to the Terms of Use. If you do not agree to the Terms of Use, please do not use this Site.

REVISIONS TO THE SITE OR TERMS OF USE

We reserve the right at any time to change the Site, including eliminating or discontinuing any content on or feature of the Site. In addition, we may revise these Terms of Use at any time, at our sole discretion, by posting an amended Terms of Use on the Site. Any changes that we make to the Terms of Use will be effective immediately upon posting or notice to you. Please check this page periodically for changes to the Terms of Use; you will be able to determine if the Terms of Use have been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this page. Your use of the Site and any dispute related thereto is subject to the then-current versions of these Terms of Use.

CODE OF CONDUCT

While using the Site and/or the Content (as defined below) contained on the Site, you agree to comply with all applicable laws, rules and regulations. Without limiting the foregoing, while using the Site, you agree not to engage, or solicit or encourage any other person to engage, in any of the following:

  • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  • Use the Site or Content for any fraudulent or unlawful purpose or to maliciously harm or deceit any other user;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Engage in spamming or flooding;
  • Transmit or otherwise make available in connection with the Site any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; or otherwise interfere with or disrupt the operation of the Site;
  • Sell, resell, transfer, license, or exploit any use of or access to the Site or Content;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Content;
  • Remove any copyright, trademark or other proprietary rights notices contained in the Site or Content;
  • Remove, circumvent, or interrupt with any digital rights management or security tools or other similar technologies available on the Site;
  • “Frame” or “mirror” any part of the Site without our prior written authorization;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents (a limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent); or Interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect information about Site visitors or members without their express consent or otherwise in violation of these Terms of Use.

INTELLECTUAL PROPERTY RIGHTS

This Site and all works of authorship on this Site, including, without limitation, but not limited to, all data, text, graphics, images, audio and video clips, software, links, names, logos, icons, trademarks, and service marks (collectively, the “Content”), are owned and controlled by Avantis and other parties (including other user of the Site) that have licensed to Avantis the right to use their materials, and are protected by U.S. and international copyright, trademark and other laws. You acknowledge that these rights are valid and enforceable. Except as explicitly permitted, on a case-by-case and useby-use basis, by the respective wner of the Content, you may not copy, modify, reproduce, republish, upload, post, display, perform, transmit, broadcast, distribute or otherwise use the Content or other content or information available on or through the Site. Unless otherwise indicated on the Site, you may download and/or print a single copy of Content displayed on the Site, and may use such Content solely for your internal business or personal needs. You must retain all copyright and other proprietary notices on downloaded and copied Content. Nothing contained in these Terms of Use shall purport to convey any ownership or other rights with respect to the Content, and you acknowledge that by using the Site or Content you do not acquire any ownership or other rights with respect thereto.

LINKS

This Site may contain links to other Internet websites, including affiliated websites which may or may not be owned or operated by us. We have not reviewed all of such websites, and we have no control over such websites operated by third parties. Unless otherwise explicitly stated, we are not responsible for the content of such websites, any updates or changes to such websites, or the privacy or other practices of such websites, and the fact that we offer such links does not indicate any approval or endorsement of any material contained on any linked websites. We are providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked websites. Further, it is up to you to take precautions to ensure that whatever links you select are free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

HEALTH-RELATED INFORMATION

ALL MATERIALS, INFORMATION AND CONTENT PROVIDED ARE FOR INFORMATIONAL PURPOSES ONLY; THEY ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY SUCH MATERIALS, INFORMATION OR CONTENT. SUCH MATERIALS, INFORMATION AND CONTENT ARE NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED COMPLETE OR UP-TO-DATE. YOUR USE OF THE SITE AND ANY MATERIALS, INFORMATION OR CONTENT ON THE SITE IS AT YOUR OWN RISK. ALWAYS CONSULT YOUR PHYSICIAN OR HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A HEALTH OR MEDICAL CONDITION OR PROBLEM, INCLUDING QUESTIONS REGARDING YOUR RISK OF COLORECTAL CANCER AND OTHER GASTROINTESTINAL DISEASES LIKELY TO BE DIAGNOSED AND/OR TREATED DURING A COLONOSCOPY, AND NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR ACCESSED ON THIS SITE.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT THE SITE AND ALL THE MATERIALS, INFORMATION, AND CONTENT ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AVANTIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, ON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. AVANTIS DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE MATERIALS, OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY MATERIALS PROVIDED THROUGH THE SITE.

LIMITATION OF LIABILITY

YOU AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL AVANTIS OR ANY OF ITS PRINCIPALS, OWNERS, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, CONTRACTORS, CONSULTANTS, SUPPLIERS, CUSTOMERS, AND OTHER AFFILIATES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING TO USE OF OR ACCESS TO THE AVANTIS SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. MOREOVER, AVANTIS WILL NOT BE LIABLE FOR ANY ACTS OF ITS EMPLOYEES ACTING BEYOND THE SCOPE OF THEIR AUTHORITY. NOTWITHSTANDING ALL OF THE FOREGOING, IF AVANTIS IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO FIVE HUNDRED DOLLARS (US$500).

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Avantis (and any of its principals, owners, parents, subsidiaries, officers, directors, shareholders, employees, representatives, agents, partners, contractors, consultants, suppliers, customers, and other affiliates) from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses due to, or arising out of, your breach of these Terms of Use, your activities in connection with the Site, or your violation of any laws or the rights of a third party.

PRIVACY AND INFORMATION RIGHTS

You agree that we may collect and use information that you provide to us or that is otherwise collected about you when using the Site in accordance with our Privacy Policy.

GLOBAL NATURE OF THE INTERNET

Recognizing the global nature of the Internet, you agree to comply with all rules regarding online conduct and use of this Site. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Avantis makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States, and accessing them from territories where their contents are illegal is prohibited.

GOVERNING LAW

When accessing this Site (regardless of where you are located) you agree that these Terms of Use, our Privacy Policy, and any matters arising from or relating to use of this Site, are to be construed in accordance with and governed by the internal laws of the State of California (without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the parties), and any disputes arising herefrom shall be determined by a court of competent jurisdiction in the Northern District of California (or such other venue which we may elect as appropriate, in our sole discretion), and you hereby submit to the personal jurisdiction thereof.

TERMINATIONS

You agree that we may, in our sole discretion, terminate these Terms of Use and your ability to use this Site (or any portion thereof) if you fail to comply with any term or condition hereof or for any other reason. Upon termination of these Terms of Use, you may no longer use or otherwise access the services or materials provided on this Site. The provisions of Sections 2 (Code of Conduct), 3 (Intellectual Property), 5 (Health Related Information), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), 11 (Governing Law), 12 (Termination), and 15 (Miscellaneous) shall survive termination of these Terms of Use.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

CONTACT US

If you have questions or concerns regarding the Terms of Use, please contact us by email at [at]avantismedical[dot]com or by mail to Avantis Medical Systems, Inc., 263 Santa Ana Court, Sunnyvale, CA 94085, USA.

MISCELLANEOUS

If any provision of these Terms of Use is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. These Terms of Use, together with any of our policies and agreements referred to herein, are the entire agreement between you an us relating to your use of the Site or the Content, and supersedes any and all prior or contemporaneous written or oral agreements, understandings or representations, made between you and us regarding the same subject matter (except the Privacy Policy and any other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of these Terms of Use. These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent.

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