Terms of Use
Please
carefully review these Terms of Use ("Terms").
Your use of this Site constitutes your acceptance of these Terms. If
you do not agree to abide by all of the provisions contained in these
Terms, you must not use or access the Site. BSC also may make changes
to these Terms, which will be posted to this page and will become
effective immediately upon posting. For this reason, we urge you to
read these Terms each time you visit our Site. These Terms were last
updated [January 15, 2002].
1. Scope
We
control and operate this Site from the United States of America. This
Site is intended for use by United States residents only and contains
information regarding BSC products and services available for sale or
distribution within the United States. If you are a non-U.S.
resident, you may access this Site solely at your own risk and are
responsible for compliance with local laws and regulations, if
applicable. Any references to products or services on the Site do not
imply that BSC intends to announce or offer these products or
services in your country.
2. Registered Users
Visitors to the Site may use the public areas of the Site for
informational purposes and are subject to these Terms. In addition,
certain areas of this Site contain information intended only for
medical professionals. Accordingly, BSC reserves the right to limit
access to certain areas of the Site to medical professionals who
register and meet the qualifications imposed by us. To register, a
medical professional must provide us with certain personal
information, including his or her name, profession, email address,
postal address, title and clinical affiliation. If you do not
qualify, please do not attempt to register with us. Upon our review
and acceptance of your registration information, BSC will provide you
with a User ID and password. The information you provide must be
accurate and complete, and it is your responsibility to inform us of
any changes to that information by emailing us at webmaster@bostonscientific.com.
We reserve the right to discontinue access to any restricted area of
the Site at any time, without notice to you, for any reason. If you
are or become a registered user, you are responsible for maintaining
the confidentiality of your User ID and password. If you become aware
of unauthorized use of your User ID and password, you agree to
immediately notify BSC. The personal information provided by you is
subject to our Privacy Policy, which can be found at
www.bostonscientific.com.
3. Modifications to
Site
BSC reserves the right to modify or discontinue the
Site (or any portion of the Site), temporarily or permanently, with
or without notice to you, and is not obligated to support or update
the Site. BSC shall not be liable to you or any third party in the
event that BSC exercises its right to modify or discontinue the Site
(or any portion of the Site). Unless explicitly stated otherwise, any
new features that augment or enhance the current Site shall be
subject to these Terms.
4. Copyright Notice
All of the trademarks, service marks and logos displayed on this
Site are registered and unregistered trademarks of BSC, its
affiliates or subsidiaries, or third parties who have licensed their
trademarks to BSC or one of its affiliates or subsidiaries. In
addition, all content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material
contained on this Site or in commercially produced information
presented to you through the Site by BSC, its affiliates or BSC's
third party licensors ("Content") is protected by
copyright, patents or other proprietary agreements and laws and you
are only permitted to use Content as expressly authorized by BSC, its
affiliates or its licensors. Nothing contained herein transfers any
right, title, or interest in the Site or the Content to you.
You
may download, view, copy and print Content, subject to the following:
(a) the Content may be used solely for personal, informational,
or internal business purposes;
(b) any and all copyright,
trademark and other proprietary rights notices must appear on all
copies, including the copyright notice at the bottom of the page;
(c)
the Content may not be modified or altered in any way; and
(d) no
graphics may be used separate from accompanying text.
Except as
provided above, you may not use, download, upload, copy, print,
display, perform, reproduce, publish, license, post, transmit, frame,
mirror on another Web service, use any meta tags, inline any graphics
or distribute any Content or information from the Site in whole or in
part without the express permission of BSC. Requests for such
permission should be made to webmaster@bostonscientific.com.
Any rights not expressly granted herein are reserved. Please be
advised that BSC enforces its intellectual property rights to the
fullest extent of the law.
Certain product, service, or company
designations for companies other than BSC may be mentioned in the
Site for identification purposes only. Such designations are often
claimed as trademarks or service marks. In all instances where BSC is
aware of a claim, the designation appears in initial capital or all
capital letters. However, you should contact the appropriate
companies for more complete information regarding such designations
and their registration status.
5. No Medical
Advice
The information on this Site is provided for
informational purposes only and is not intended or recommended as a
substitute for professional medical advice. Always seek the
advice of your physician or other qualified health care provider
regarding any medical condition or treatment.
We may
also include certain information, reference guides and databases
intended for use by licensed medical professionals. These tools are
not intended to give professional medical advice. Physicians and
other health care providers should always exercise their own clinical
judgment for any given situation.
6. User Feedback
BSC is pleased to hear from visitors and welcomes your comments
regarding the Site. Please be advised, however, that BSC and its
employees do not accept or consider unsolicited ideas, including
ideas for new products or technologies, processes, materials,
marketing plans, or new product names. Please do not send your
unsolicited ideas or any original materials to BSC or anyone at BSC.
If, despite this request, you still send BSC your ideas and
materials, please understand that by submitting the information
through this Site, you assign BSC, free of charge, all worldwide
rights, title and interest in all copyrights and other intellectual
property rights in the information or materials you submit. We will
be entitled to use any information and materials you submit through
this Site for any purpose whatsoever without restriction and without
compensating you in any way, and by submitting any such information
and materials, you represent to BSC that you have the right to do
so.
7. Resume Submission
BSC may allow
online submission of resumes in response to job postings on the Site.
Your personal information is subject to our Privacy
Policy. You agree not to post any false or inaccurate
biographical information. Recruiters representing candidates may not
send candidates' resumes in response to job postings on the Site.
There is a risk that your resume may be lost or intercepted by a
third party if you submit it to BSC through the Site. BSC cannot be
held responsible for any loss arising from the transmission or use of
resumes obtained through the Site. In addition, BSC may contract with
a third party service provider to host the resume submission page.
8. Links
The Site may provide links to
web sites operated by BSC outside of the U.S. as well as web sites
operated by third parties. Please refer to the separate terms of use,
privacy policies, and other rules posted on these linked sites before
you use them. Third party links are provided merely as a convenience
to you, and the inclusion of any link does not imply affiliation or
endorsement by BSC. BSC does not review, monitor or check the
accuracy of content published on third party sites, and is not
responsible for the availability of, and content provided on, third
party sites. If you choose to purchase any products or services from
a third party, your relationship is directly with the third party and
BSC is not responsible for any loss or damage of any sort you may
incur from dealing with any third party. Third party web sites may
contain information about uses of products that have not been
approved or cleared by the U.S. Food and Drug Administration. BSC
does not endorse the off-label use of any of our products.
In
general, in the absence of any other agreement with Boston
Scientific, you may link or hyper-link to the home page of the Site
from your web site, subject to the following:
(a) you notify us
by email at webmaster@bostonscientific.com
specifying the URL of each page from which you will be linking to our
home page;
(b) you do not frame the Site or any portion of the
Site;
(c) you do not deep link into the Site (i.e., you do not
link into any page other than the home page);
(d) the link or
hyper-link to the Site is not used in a way that suggests that BSC
endorses you or your web site;
(e) the link is identified using a
plain text rendering of the BSC name and not any trademark or BSC
logo;
(f) the link or hyper-link to the Site is not used or
presented in any way that disparages BSC or tarnishes, blurs, or
dilutes the quality of BSC's names or trademarks or any associated
goodwill; and
(g) you agree that we may terminate your right to
link or hyperlink to the Site at any time for any reason or no
reason.
9. Disclaimer
THE SITE AND ALL
CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON
THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. BSC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL
AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR
COURSE OF PERFORMANCE. BSC MAKES NO WARRANTY THAT: (A) THE SITE WILL
MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED
THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY
YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT,
MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. BSC
SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT,
MATERIALS, OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM BSC OR THROUGH THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. Stock
Price Disclaimer
The stock price performance shown on
stock quotes available on or through the Site are not necessarily
indicative of future price performance. All Content is for
informational purposes only and no Content (including without
limitation, stock quotes or company information) is intended to be
relied upon for trading or investment purposes. BSC will not be
responsible for any trading or investment decisions made based on
such Content.
11. Securities Laws.
This
Site may include forward looking statements that involve risks and
uncertainties concerning our operations, prospects, strategies,
financial condition, future economic performance and demand for our
products or services, as well as our intentions, plans and
objectives, that are beyond our control. These statements are based
upon a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control. When
used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks,"
"plans," "intends," "will" and similar
expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for
forward-looking statements. The Site and the information contained
herein do not constitute an offer or solicitation of an offer for
sale of any securities. None of the information contained herein is
intended to be, and shall not be deemed to be, incorporated into any
of our securities filings or documents. We wish to caution the reader
that actual results may differ from those discussed in the
forward-looking statements and may be adversely affected by, among
other things, risks associated with other factors described in the
our filings with the Securities and Exchange Commission.
12.
Limitation of Liability
IN NO EVENT SHALL BSC BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA
OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN
CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR
ANY SERVICES PROVIDED THROUGH THE SITE, EVEN IF BSC WAS ADVISED THAT
SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY
APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING
DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR
MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE
OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET
SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY,
PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR
ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
13. No Resale of the Site
Your right to use the Site is personal to you. You agree not to
reproduce, duplicate, copy, sell or resell the Site, without the
express written consent of BSC.
14. Privacy Policy
See the Privacy Policy link
to view the privacy policy.
15. Indemnity
You agree to indemnify, defend and hold BSC, its parents,
subsidiaries, affiliates, shareholders, directors, officers,
employees and agents, harmless from any claim, demand, liability,
expense, or loss, including reasonable attorneys' fees, made by any
third party due to or arising out of, or in any way connected with
your use of or access to the Site or your violation of these Terms.
16. Export Restrictions/Legal Compliance
BSC controls this Site from within the United Sates of America.
You may not access, download, use or export the Site or the Content
in violation of U.S. export laws or regulations, or in violation of
any other applicable laws or regulations.
17. General
In the event that any provision of these Terms shall, in whole or
in part, be determined to be invalid, unenforceable or void for any
reason, the determination shall affect only the portion of the
provision determined to be invalid, unenforceable, or void, and shall
not affect the remainder of that provision in any way. You agree to
allow a court or arbitrator to replace such an invalid,
unenforceable, or void provision with a valid provision which is as
similar as possible in substance to the invalid, unenforceable, or
void provision. BSC's failure to act with respect to any breach by
you does not constitute a waiver of our right to act with respect to
subsequent or similar breaches.
These Terms shall be governed by
and construed in accordance with the laws of the Commonwealth of
Massachusetts without regard to its choice of law provisions. In the
event of any conflict between foreign laws, rules and regulations and
those of the United States, the laws, rules and regulations of the
United States shall govern. The United Nations Convention on
Contracts for the International Sale of Goods will not apply to these
Terms. You hereby consent to personal jurisdiction by the state and
federal courts located in Suffolk County, Massachusetts.
BSC may
assign its rights and duties under these Terms without such
assignment being considered a change to the Terms and without notice
to you. You may not assign these Terms without the prior written
consent of BSC.
These Terms, the Privacy Policy, any operating
rules, policies, or procedures that may be posted from time to time
by BSC on the Site, and any modifications to the foregoing,
constitute the entire agreement between the parties with regard to
the subject matter hereof and supersede all prior understandings and
agreements, whether written or oral, as to such subject matter.
Nothing contained in these Terms shall be deemed to constitute either
party as the agent or representative of the other party, or both
parties as joint venturers or partners for any purpose. Sections 3, 4
(excluding the second paragraph), 5, 6, and 10 through 19 shall
survive termination of these Terms.
18. Acknowledgment
By accessing this Site or registering with BSC, you agree to all
the terms and conditions of these Terms. You acknowledge (a) that you
have read and understood these Terms; and (b) that these Terms have
the same force and effect as a signed agreement.
19.
Contact Information
If you have any questions regarding
these Terms or the Site, please contact BSC at
webmaster@bostonscientific.com.