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These Terms of Use describe rules for visitors to this Medtronic of Canada web site. This web site is owned and operated by Medtronic of Canada. Our parent company Medtronic, Inc. and its other subsidiaries and affiliates also operate other web sites. The term Medtronic or "us" refers to all of them as well as Medtronic of Canada. These Terms of Use do not apply to other web sites owned or operated by Medtronic. You should review the terms of use posted on these Medtronic web sites when you visit them.
These Terms of Use were last updated on May 31, 2007. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the web site. By using this web site, it means you accept the most recent version of the Terms of Use.
CALL 911 FOR AN EMERGENCY.
THIS WEB SITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Much of the information on this web site relates to products and services offered by Medtronic of Canada. 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 of Canada 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, care and answers to your personal questions. Always seek the advice of your physician or another qualified health care provider prior to starting any new treatment regarding a medical condition and before making any significant lifestyle or dietary changes.
Health information changes quickly. Therefore, it is always best to confirm information with your health care professional.
This web site contains information about products licensed in Canada, and is intended for a Canadian audience. If you live outside Canada, you may see information on this web site about products that are not available or authorized in your country.
The materials on this web site, including all portions of the web site, content, site design, text, graphics, and the selection and arrangement belong to or are licensed to us. The materials are protected by 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, and you may not modify them. 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. In addition, some content on this site may be subject to copyright by journals and publishers. Use of the copyrighted material is subject to the terms and conditions of use established by the journal or publisher. The views and opinions of authors expressed on Medtronic of Canada's web site do not necessarily state or reflect those of Medtronic of Canada.
The names of products and services on this web site are owned by Medtronic, unless otherwise indicated, and all these names are protected by trademark laws. An ® following a name on our web site indicates that the trademark has been registered. 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.
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. No other license or right, express or implied, is granted to any person under any patent, trademark, trade dress or other proprietary right.
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 Medtronic's prior written permission.
This web site may contain links to web sites not operated by Medtronic of Canada. We provide these links for your convenience, but we do not review, control, monitor, endorse, warrant or guarantee the materials on any other web sites or the products, services or information described or offered by them. These web sites may contain information about uses of Medtronic products that have not been approved for use in Canada. We do not control or endorse this type of information. Medtronic of Canada is not responsible for the availability, content or 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. Users cannot assume that the external sites will abide by the same Statement of Privacy Principles to which Medtronic of Canada adheres. It is the responsibility of the user to examine the copyright and licensing restrictions of linked pages and to secure all necessary permissions.
When visiting our web site, your web browser may produce pop-up advertisements. These advertisements were most likely produced by other web sites you visited or by third party software installed on your computer. Medtronic of Canada does not endorse or recommend products or services for which you may view a pop-up advertisement on your computer screen while visiting our site.
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, nonconfidential, and non-proprietary (other than personal information, as that term is defined in our Statement of Privacy Principles). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this web site, including recipes, you acknowledge that any content, information, opinions, recipes and other materials you may provide become the property of Medtronic of Canada, including all copyright, without reservation, and you waive in favor of Medtronic of Canada any and all moral rights in such material. You acknowledge and agree that all or any portion of such material submitted by you may be used, edited, reproduced, displayed, performed, modified, transmitted, published, translated, sublicensed, copied and distributed and/or incorporated into other works in any form, media, or technology for the full term of any copyright that may exist in such materials, without compensation of any kind to you. Medtronic of Canada is free to use them for any purpose.
By submitting material to Medtronic of Canada through this web site, you also automatically warrant that you have the full right and authority to submit such material, and that none of it is subject to any copyright or other proprietary right of a third party.
The owners and operators of the web site reserve the right to not publish, or to remove any material that they deem in their sole discretion, to be inappropriate for the web site, for any reason whatsoever
Certain areas and features of the web site are accessible only to users who have been issued a login name and password ("Codes") by us. For the purposes of accessing the web site, the Codes remain the property of Medtronic of Canada and may be cancelled or suspended at any time by us in our sole discretion without any notice or liability to you or any other person. We are not under any obligation to verify the actual identity or authority of any person using Codes to access and use the web site. We may act upon any communication that is given with the use of Codes. We may in our discretion at any time require proof of the identity of any person seeking to access and use the web site, and may deny access to and use of the web site or parts of it or refuse to accept or act upon any communication if we are not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with these Terms of Use; (d) once you have logged-on to the web site using the Codes, you will not leave the computer terminal used to access the web site unless and until you have terminated the session and logged-off the web site; and (e) you will immediately notify us if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.
NO WARRANTIES.
ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. MEDTRONIC OF CANADA HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITED BY LAW ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MEDTRONIC OF CANADA MAKES NO WARRANTY OR CONDITION NOR ASSUMES ANY RESPONSIBILITY OR LIABILITY AS TO THE ACCURACY, COMPLETENESS, USEFULNESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE.
MEDTRONIC OF CANADA 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. MEDTRONIC OF CANADA RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE INFORMATION ON THE WEB SITE AT ANY TIME WITHOUT PRIOR NOTICE.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES ARE QUOTED IN CANADIAN DOLLARS. MEDTRONIC OF CANADA RESERVES THE RIGHT TO LIMIT QUANTITIES. WHILE WE TAKE GREAT CARE TO ENSURE OUR PRODUCT INFORMATION IS ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE AND WILL NOTIFY CUSTOMERS WHO ARE AFFECTED. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING A PRODUCT.
LIMITATION OF LIABILITY.
YOU AGREE THAT MEDTRONIC OF CANADA SHALL NEVER BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE RESULTING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OR INABILITY TO USE THIS WEB SITE, THE MATERIALS ON THIS WEB SITE, ANY HYPERLINKED WEB SITE OR THIS AGREEMENT. THIS PROTECTION COVERS MEDTRONIC OF CANADA, ANY PERSON OR COMPANY ASSOCIATED WITH MEDTRONIC OF CANADA, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS OR INCOME, LOSS OF OR DAMAGE TO PROPERTY, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION OR CLAIMS OF THIRD PARTIES, EVEN IF MEDTRONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGE. THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
In addition to the rules in these Terms of Use and the Statement of Privacy Principles, 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 Statement of Privacy Principles 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
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 Statement of Privacy Principles in a way that causes harm to others, you agree to hold Medtronic harmless against any liability for that harm.
The web site (excluding linked web sites) is controlled by Medtronic of Canada from its offices within the Province of Ontario, Canada. By using this web site, you agree that the only proper jurisdiction and venue for any dispute with Medtronic of Canada, or in any way relating to your use of this web site, is in the courts of the province of Ontario, Canada and acknowledge that you do so voluntarily and are responsible for complying with local laws. You further agree and consent to the exercise of personal jurisdiction in the courts of the province of Ontario in connection with any dispute involving Medtronic of Canada or its affiliates, employees, officers, directors, agents or suppliers.
These Terms of Use are governed by the laws of the province of Ontario, without respect to its conflict of laws principles, and the federal laws of Canada.
Medtronic of Canada may deliver notice to you by electronic mail, a general notice on this web site, or by written communication delivered by registered mail to your address on record with Medtronic of Canada. You may deliver notice to Medtronic of Canada by using the Contact Us feature, or at:
Medtronic of Canada Ltd.
99 Hereford St.,
Brampton, ON
L6Y 0R3
Or, visit our Contact Us section.
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