Terms of Use


Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms Of Use ("Terms") describe rules for visitors to this website located at www.NeckSurgery.com. Medtronic's Spinal and biologics business and its affiliates ("Medtronic") and Medtronic, Inc. and its other subsidiaries and affiliates also operate other websites. These Terms of Use may not apply to our other websites. You should review the terms of use posted on other Medtronic websites when you visit them. With few exceptions, this Site contains information about products and therapies authorized in the United States, and is intended for an U.S. audience. Readers may see information on this Site about products or therapies that are not available or authorized in their country.

These Terms of Use were last updated on August 25, 2006. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the Site. By using this Site, it means you accept the Terms of Use .

The terms "we", "our", "Medtronic" and "Medtronic's Spinal and Biologics business" mean Medtronic, Inc., and any of its affiliated companies. "You" means you, the user of this Site.

CALL 911 FOR AN EMERGENCY.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.


ABOUT THE INFORMATION ON THIS WEB SITE

Much of the information on this web site relates to products and services offered by Medtronic . The materials on this web site are for your general educational information only. Information you read on this web site cannot replace the relationship that you have with your health care professional. Medtronic does not practice medicine or provide medical services or advice and the information on this web site 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 web site 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 web site about products or therapies that are not available or authorized in your country.


OUR COPYRIGHTS AND TRADEMARK

The materials on this web site 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 web site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this web site, 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 web site, and these names are protected by United States and foreign trademark laws. An following a name on our web site indicates that the trademark has been registered in the United States. A following a name on our web site 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 web site. These special rules will be posted near the materials.

If you use the materials or trademarks on this web site 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 web site. Title to the materials remains with us or with the authors of the materials contained on this web site. All rights not expressly granted are reserved.


LINKS TO THIS WEB SITE AND USE OF MEDTRONIC MARKS

You are hereby granted a non-exclusive, limited, and revocable license to link to this web site. Medtronic reserves the right to revoke this license generally, or your right to use specific links, at any time. If Medtronic revokes this license, you agree to remove and disable any and all of your links to this web site immediately.

You agree not to present the link to this web site 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 web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" this web site or any of its content or copy portions of this web site to a server. You agree not to display or use the Medtronic logo or trademark in any manner without our prior written permission.


LINKS TO OTHER WEB SITES

This web site may contain links to web sites not operated by Medtronic . We provide these links for your convenience, but we do not review, control, or monitor the materials on any other web sites. These web sites 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 web sites or for your business dealings with them. Your use of other web sites is subject to the terms of use of those web sites, including the privacy policies of those web sites.


YOUR FEEDBACK, COMMENTS AND IDEAS

While we are pleased to receive feedback, comments and ideas from visitors to this web site, we want you to understand that any information that you submit through this web site 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 web site, 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.

    NO WARRANTIES. ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. MEDTRONIC HEREBY 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 MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE.

    MEDTRONIC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS 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 THIS WEB SITE 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.

    LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER MEDTRONIC NOR ANY PERSON OR COMPANY ASSOCIATED WITH MEDTRONIC SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS ON THIS WEB SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS MEDTRONIC , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEB SITE. 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 , 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 WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF MEDTRONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


OTHER RULES ABOUT THIS WEB SITE

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 web site, such as when you purchase enhanced services, or by following a link from this web site. Please read our Privacy Statement to learn how we protect and use information that we gather through this web site.

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.

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.

you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold Medtronic harmless against any liability for that harm.

using this web site, you agree that the only proper jurisdiction and venue for any dispute with Medtronic , or in any way relating to your use of this web site, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Medtronic or its affiliates, employees, officers, directors, agents, or suppliers.

These Terms of Use are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles, and the federal laws of the United States.


QUESTIONS, COMMENTS, AND NOTICES

Medtronic may deliver notice to you by electronic mail, a general notice on this web site, 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
    Spinal and Biologics
    2600 Sofamor Danek Drive
    Memphis, TN 38132
    Attn: eBusiness

Published: May 03, 2007
Updated: May 03, 2007