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Legal Statements

Terms Of Use

Welcome to the Ventilation Resource Site (the “Site”) which is owned by Covidien plc and/or one of its affiliates (collectively “Covidien”). The information provided on this Site is for general informational and educational purposes only. Please read and review these Terms of Use carefully before accessing or using the Site. By accessing or using the Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use and the terms of the Privacy Policy (described below), each as in effect when you access the Site. If you do not agree to the Terms of Use or Privacy Policy, you may not access or use the Site.

Privacy Matters and Privacy Policy

Any communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary, except as otherwise indicated on the Site or in the Privacy Policy. If you supply personally identifiable information to us, all uses of your personally identifiable information will be treated according to the Privacy Policy located at http://www.livingwithavent.com/privacy.

Use of Content; Intellectual Property Matters

Images of people or places displayed on the Site are either the property of, or used with permission by, Covidien. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No use of any of these may be made without the prior, written authorization of the owners of this site, except to identify the products or services of Covidien.

COVIDIEN, COVIDIEN with logo, the Covidien logo and positive results for life are U.S. and/or internationally registered trademarks of Covidien AG. In addition, all trademarks, trade names, logos, taglines, service marks, trade dress, designs and products (collectively the "Trademarks") displayed on the Site, whether marked or unmarked, are registered and unregistered Trademarks of a Covidien company or a third party and are protected in the United States and internationally.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the written permission of Covidien or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Legal Statements, is strictly prohibited. You are also advised that Covidien will strictly and aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

The materials of this Site are protected by Copyright and Trademark Laws of the U.S. and other countries and are owned by, or licensed to Covidien. All content of this Site is owned or controlled by Covidien. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of the Site, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of the Covidien Legal Department.

Covidien neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties who are not owned by or affiliated with Covidien.

Covidien maintains this Site for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for personal, noncommercial use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Covidien's prior written permission.

All rights reserved. All materials are provided for noncommercial personal use only.

Links to Other Sites

  1. Covidien has not reviewed any or all of the sites linked to this Site and is not responsible for the content or the privacy policies of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is done so at your own risk.
  2. Guidelines for Linking to this Site

    ATTENTION: LINKING TO THIS COVIDIEN SITE INDICATES THAT YOU ACCEPT COVIDIEN’S TERMS OF USE AND LEGAL RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES BELOW. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS SITE.

    If you link to this Site, you agree that you:

    • May link to this Site, but not replicate any Site content
    • Shall not frame or otherwise create a browser or border environment around Covidien Site content
    • Shall not imply that Covidien is endorsing you or your products
    • Shall not misrepresent you or your site's relationship with Covidien
    • Shall not present false, misleading or inaccurate information about Covidien or Covidien’s products or services on your site or otherwise disparage Covidien’s products
    • Shall not use Covidien’s logos without express prior written permission from Covidien
    • Shall not include content on your site that is or could be construed as illegal, distasteful, offensive or controversial and shall include on your site only content that is appropriate for all age groups
    • Shall not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present content of this site on another site without Covidien’s prior written permission.
  3. Covidien is not responsible for the content on any third-party web site or the actions of any third party web site operators. Covidien makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such third party sites. Inclusion of any third party link does not imply an endorsement or recommendation by Covidien. By using these links, you agree that Covidien shall not be liable in any way for any claims that arise as a result of your either (1) accessing third-party web sites from this Covidien Site; or (2) relying on content contained on third-party web sites. Links to third-party web sites are provided for your convenience only and are accessed at your own risk. Note that the Terms of Use and the Privacy Policy of this Covidien Site may differ from those of third-party web sites.
  4. You may be able to access Internet Websites owned by third parties (“Third Party Sites”) available through links from this Site. You understand and agree that your use of such Third Party Sites will be governed by the Terms of Use and Privacy Polities of those sites and not by these Terms of Use or the Privacy Policy of this Site.

Postings on this Site

If there is a facility for users to post information on this Site: Although Covidien may from time to time monitor or review emails, discussions, postings, transmissions, and the like on the Site, Covidien is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Covidien will fully cooperate with any law enforcement authorities or court order requesting or directing Covidien to disclose the identity of anyone posting any such information or materials.

Disclaimers

The information provided by this Site is not intended nor is implied to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider prior to starting any new treatment or with any questions you may have regarding a medical condition.

COVIDIEN WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE, BUT MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE INFORMATION PROVIDED. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL BE SECURE; OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE VIRUS-FREE. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COVIDIEN OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER COVIDIEN, ANY OF ITS AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR ANY OTHER DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS THE SITE, FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE AND FROM ANY ACTIONS COVIDIEN MAY TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND TO COVIDIEN. THIS ALSO INCLUDES DAMAGES FOR COMPUTER VIRUSES AND DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THE SITE, AND EVEN IF COVIDIEN OR ITS REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Please note that some jurisdictions may not allow the exclusion of consequential damages, so some of the above limitations may not apply to you.

Termination

Covidien reserves the right to restrict or terminate your access to this Site or any feature or part thereof at any time.

Revisions to the Terms of Use

Covidien may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound.

Governing Law

There Terms of Use and the Privacy Policy shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws provisions.

Miscellaneous

These Terms of Use contain the entire terms between the parties. In the event any provision of these Terms of Use is held to be illegal, invalid or unenforceable, then such provision shall be severed from these Terms of Use while the remaining terms shall remain binding on the parties hereto. Covidien’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

Last updated: June 28, 2010.