Terms of Use

GENERAL

These Terms of Use (�Terms of Use") apply to the www.capsuleendoscopy.org website (the �Web Site�) owned, operated, licensed, or controlled by Given Imaging Ltd. ("Given Imaging").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

By using this Web Site you signify your acceptance of these Terms of Use. If you do not agree to these Terms of Use, please do not use the Web Site. Given Imaging reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use when you visit this Web Site for changes. Your continued use of this Web Site following the posting of changes to these Terms of Use will mean you accept those changes and the most recent version of these Terms of Use.

This Web Site 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. By your use of the site, you agree to use the site, the content on the site, and information derived from the site pursuant and subject to the terms and conditions stated below.

Given Imaging�s products are designed to be operated only by properly trained personnel.

If you access the Web Site from outside State of Israel or the United States, you do so solely at your own risk, and you are responsible for your compliance with the laws of the jurisdiction from which you access the Web Site. You may see information on this Web Site about products or therapies not available or authorized in your country.

The LIABILITY, INDEMNIFICATION, JURISDICTION, and COMPLETE AGREEMENT provisions survive the expiration or termination of these Terms of Use for any reason whatsoever.

PRIVACY STATEMENT

It is the policy of Given Imaging to respect the privacy of all guests of the Web Site. Therefore, use of the Web Site is subject to the terms of the Given Imaging privacy statement [insert link], which privacy statement is incorporated by reference into these Terms of Use.

CONTENT ON WEBSITE

Given Imaging has used reasonable efforts in collecting, preparing, and providing quality content and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to the Web Site. Users of content from the Web Site or its links do so solely at their own risk.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of the Web Site, including any and all text, graphics, images, as well as any other material contained on the Web Site (�Contents�), are for informational purposes only, and do not constitute medical advice, a substitute for qualified professional medical advice, diagnosis, or treatment of any kind. Given Imaging does not provide medical services or advice and does not practice medicine. Do not disregard professional medical advice, or refrain or delay from seeking such advice because of anything you see or read on the Web Site.

If you are unsure about a medical condition, consult a doctor or, in the case of an emergency, call 911 or an equivalent number in your jurisdiction instead. Given Imaging does not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Web Site. If you rely on any of the information provided by Given Imaging, its employees, or its guests or visitors, you do so solely at your own risk.

YOUR USE OF THE WEB SITE

You represent and warrant that you are 18 years of age or older and that you have the right and ability to enter into these Terms of Use.

You agree to comply with these Terms of Use. You will not use the Web Site in any unlawful manner or for any unlawful purpose. You shall not send any electronic communications to other parties for any purpose other than personal communication, including to advertise or sell goods or services, or as a mass distribution medium to communicate any unsolicited messages. You agree not to post or transmit a message (i) under a false name; (ii) that is libelous, defamatory, obscene, fraudulent, false or contrary to any person�s intellectual property or proprietary rights; or (iii) that contains any virus, worm, trojan horse or other malicious code.

Users of a this Web Site 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 Web Site 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 information related to a patient's health entered, disclosed, or transmitted by a User. As a User, you are responsible for any use or disclosure of patient health information that you make using this Web Site and any use or disclosure of patient health information is made at your own risk. THIS WEB SITE MAY NOT COMPLY WITH THE REQUIREMENTS OF THE PRIVACY OR SECURITY REGULATIONS ISSUED UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 OR OTHER FEDERAL AND STATE LAWS PROTECTING THE CONFIDENTIALITY OF HEALTH INFORMATION. DE-IDENTIFICATION OF PATIENT INFORMATION PRIOR TO POSTING OR SENDING USING THIS WEB SITE MAY BE REQUIRED BY LAW. The Sponsor makes no representation about the compliance of the Web Site, or your use of the Web Site, with any Laws, including but not limited to professional licensure Laws, telemedicine Laws, or Laws requiring the certification by any governmental agency of medical devices. If you use this Web Site, you do so at your own risk and you are responsible for identifying and complying with any applicable Laws. You may not rely upon the Sponsor to ensure your use of the Web Site complies with any Laws; the Sponsor bears no responsibility or liability for the identification of any Laws applicable to your use of the Web Site, or for compliance of that use with any Laws.

USE OF CONTENT

Given Imaging authorizes you to view or download a single copy of the Contents solely for your personal, noncommercial use if you include this copyright notice: �Copyright � ____ - 2005, Given Imaging. All Rights Reserved,� as well as any and all other copyright and proprietary rights notices contained in the material. Otherwise, no Contents may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

The Contents are protected under U.S. and foreign copyright laws, with title to the Contents remaining with Given Imaging and/or its licensors. Any unauthorized use of the Contents constitutes a breach of these Terms of Use. Modification of the Contents or use of the Contents for any other purpose is a violation of Given Imaging�s intellectual property and other proprietary rights. The use of any Contents on any other website or networked computer environment is expressly prohibited. The Contents are subject to change without notice at Given Imaging�s discretion. Any and all rights that are not expressly granted hereunder are reserved to Given Imaging and its licensors.

The names of Given Imaging�s products and services listed on this Web Site are protected by United States and foreign trademark laws and are owned by Given Imaging.

If you violate any of these Terms of Use, you are violating your agreement with Given Imaging and may be violating intellectual property, unfair competition and other laws. In the event you violate any of these Terms of Use, Given Imaging hereby automatically revokes and terminates your permission to use the Contents and this Web Site immediately, and requires you to immediately destroy any copies you have of any portion of the Contents.

LINKING TO THIS WEB SITE

Unless you have a written agreement in effect with Given Imaging which states otherwise, you may only provide a hypertext link to the Web Site on another website, provided that (a) the link must be a text-only link clearly marked "capsuleendoscopy.org Home Page" or "capsuleendoscopy.org", (b) the link must "point" to the URL "" and not to other pages within the Web Site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Given Imaging�s name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Given Imaging, (e) the link, when activated by a user, must display the Web Site full-screen and not within a "frame" on the linking website, (f) the link will not be used in connection with or appear on a website that a reasonable person may consider offensive, obscene, defamatory or otherwise malicious, and (g) Given Imaging reserves the right to revoke its consent to the link at any time in its sole discretion. If Given Imaging revokes such consent, you agree to immediately remove and disable any and all of your links to the Web Site.

FORUMS AND PUBLIC COMMUNICATION

"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 Web Site , and includes Consult a Colleague and [name all the tools like Consult a Colleague that are public forums or chat rooms]. You shall not upload to, distribute through, or otherwise publish through a Forum on this Web Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

As a User you are solely responsible for your use of any Forum, including for 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. The Sponsor provides users access to the Forums as a convenience and a forum for the exchange of ideas or information only. Forums are not intended as medical devices and are not intended to be used in the diagnosis or treatment of health conditions or diseases. The Sponsor 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 regarding capsule endoscopy images posted using any Forum. The Sponsor provides no representations or warranties regarding the competence or professional credentials of any User. It is the sole and exclusive responsibility of each User to evaluate the accuracy and/or completeness of any Communications and the credentials of any other User. Under no circumstances will the Sponsor be liable for any loss or damage caused by a User's reliance on any Communication.

In consideration of being allowed to use any Forum, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using the Forum for any purpose in violation of any Laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Given Imaging in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. Posting chain letters or pyramid schemes;
  6. Impersonating another person;
  7. Distributing viruses or other harmful computer code;
  8. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying this Tool, or which, in the judgment of Given Imaging, exposes Given Imaging or any of its customers or suppliers to any liability or detriment of any type.

The Sponsor reserves the right (but is not obligated) to do any or all of the following:

  1. Record all Communications.
  2. Investigate an allegation that a Communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the Communication(s).
  3. Remove Communications which are, in the sole discretion of Sponsor, abusive, illegal, dangerous, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  4. Terminate a User's access to this Tool upon any breach of these Terms and

The Sponsor has no liability or responsibility to Users for performance or nonperformance of the foregoing activities

The Forums shall be used only in a noncommercial manner. You may not, without the express approval of Given Imaging, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of this Web Site to join or become members of any commercial online or offline service or other organization is expressly prohibited. Any messages, suggestions, ideas, Forum postings or concepts that are submitted to Given Imaging via this Web Site shall become, and remain the property of Given Imaging. Furthermore, Given Imaging is not responsible for the confidentiality of any information communicated to this Web Site and such information will be considered non-personal, non-confidential and non-proprietary. By communicating material to the Web Site, you agree that Given Imaging has the right to publish the material in products or publications for any purpose, including, but not limited to, advertising and promotional purposes. You agree not to take action against Given Imaging or any of its officers, employees or managers in relation to material that you submit.

LIABILITY OF GIVEN IMAGING AND ITS LICENSORS

USE OF THE WEB SITE AND ITS CONTENTS IS AT YOUR OWN RISK. GIVEN IMAGING ASSUMES NO LIABILITY FOR OR RELATING TO ANY DELAYS, FAILURES, INTERRUPTIONS, OR CORRUPTION OF ANY DATA OR OTHER MATERIAL OR INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE WEB SITE. THE WEB SITE AND ITS CONTENTS ARE PROVIDED ON AN �AS IS� BASIS.

GIVEN IMAGING, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

GIVEN IMAGING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEB SITE 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.

IN NO EVENT SHALL GIVEN IMAGING, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, OR DAMAGES ARISING OUT OF THE LOSS OF DATA OR BUSINESS INTERRUPTIONS) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE AND RELATED CONTENTS, BASED ON ANY LEGAL THEORY, AND WHETHER OR NOT ANY OF THE AFOREMENTIONED PARTIES ARE INFORMED OR ADVISED OF THE POSSIBILITY OR REALITY OF SUCH DAMAGES. GIVEN IMAGING, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE GIVEN IMAGING WEB SITE, ARE NOT LIABLE FOR ANY PERSONAL INJURIES, INCLUDING DEATH, THAT MAY ARISE FROM YOUR USE OR MISUSE OF THE WEB SITE OR ITS CONTENTS (INCLUDING, WITHOUT LIMITATION, ANY WEBSITE LINKED TO THE WEB SITE), OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF.

GIVEN IMAGING MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

ADVERTISEMENTS AND LINKS TO OTHER WEBSITES

Given Imaging does not recommend or endorse, and is not responsible for or make any representations regarding the accuracy of, the content of any third-party websites, advertisements, and/or sponsored content appearing on the Web Site. Any reference made by the Web Site 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, recommendation, or favoring by Given Imaging. Your use of any third-party websites, products advertised, or sponsored content is solely at your own risk.

For the convenience of its users, the Web Site may contain links to websites not owned or operated by Given Imaging. Given Imaging does not review, control or monitor any other websites or the contents thereof. These other websites may contain information about uses of Given Imaging products or services or therapies that have not been approved in the United States. Given Imaging does not endorse this type of information, and is not responsible for the performance of those websites or your interactions or dealings with them. Your use of those websites are not governed by these Terms of Use.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD GIVEN IMAGING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, AND/OR DEMANDS, LIABILITIES, AND SETTLEMENTS, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO HAVE RESULTED FROM, YOUR VIOLATION OF ANY AND ALL OF THESE TERMS OF USE.

JURISDICTION

Exclusive jurisdiction for any dispute with Given Imaging, or in any way related to your use of the Web Site, resides in the courts of the State of Israel. Further, you expressly agree and consent to the exercise of personal jurisdiction in the courts of State of Israel in connection with any such dispute, including any claim, action, or demand involving Given Imaging or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the laws of ___________________. If any court having competent jurisdiction finds any provision of these Terms of Use to be invalid, 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 constitute a further or continuing waiver of such term or condition, or any other term or condition contained herein.

COMPLETE AGREEMENT

These Terms of Use constitute the entire agreement between you and Given Imaging with respect to the use of the Web Site and its Contents. If any provision of these Terms of Use is found to be invalid by any court of competent jurisdiction, the validity of the remaining provisions shall not be affected and 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.