Terms of Use

Welcome to www.ev3.net, ev3’s Website. PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use describe rules for visitors to this ev3 Website. This Website is owned and operated by ev3. ev3 is the name we use to refer to our whole business, including ev3 Inc. and any of the companies that it controls, such as its subsidiaries and affiliates.

These Terms of Use were last updated on December 15, 2009. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the Website. By using this Website, it means you accept the most recent version of the Terms of Use.

ABOUT THE INFORMATION ON THIS WEBSITE. Much of the information on this Website relates to products and services offered by ev3. The materials on this Website are for your general educational information only. Information you read on this Website cannot replace the relationship that you have with your health care professional. ev3 does not practice medicine or provide medical services or advice and the information on this Website 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 Website contains information about products and therapies approved and cleared for use in the United States, and is intended for a United States audience. If you live outside the U.S., you may see information on this Website about products or therapies that are not approved or marketed in your country.

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

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

LINKS TO THIS WEBSITE AND USE OF EV3 MARKS. This site may provide links to Websites operated by ev3 as well as Websites 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 as a convenience to you, and the inclusion of any link does not imply affiliation or endorsement by ev3.

In general, in the absence of any of any other agreement with ev3, you may link or hyper-link to the home page of the Site from your Website, subject to the following:

• you notify us by email at contact@ev3.net specifying the URL of each page from which you will be linking to our home page;
• you do not frame the Site or any portion of the Site;
• you do not deep link into the Site (i.e., you do not link into any page other than the home page);
• the link or hyper-link to the Site is not used in a way that suggests that ev3 endorses you or your Website;
• the link is identified using a plain text rendering of the ev3 name and not any trademark or ev3 logo;
• the link or hyper-link to the Site is not used or presented in any way that disparages ev3 or tarnishes, blurs, or dilutes the quality of ev3's names or trademarks or any associated goodwill; and
• you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.

YOUR FEEDBACK, COMMENTS AND IDEAS. While we are pleased to receive feedback, comments and ideas from visitors to this Website, we want you to understand that any information that you submit through this Website 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 Website, you hereby grant ev3 an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that ev3 is free to use them for any purpose.

NO WARRANTIES. ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. EV3 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. EV3 MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.

EV3 MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE 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 EV3 NOR ANY PERSON OR COMPANY ASSOCIATED WITH EV3 SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS EV3, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEBSITE. 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 EV3, 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 EV3, 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 WEBSITE OR MATERIALS ARE EXCLUDED EVEN IF EV3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OTHER RULES ABOUT THIS WEBSITE. 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 Website, such as when you follow a link from this Website.

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 Privacy Statement in a way that causes harm to others, you agree to hold ev3 harmless against any liability for that harm.

By using this Website, you agree that the only proper jurisdiction and venue for any dispute with ev3, or in any way relating to your use of this Website, 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 ev3 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. ev3 may deliver notice to you by electronic mail, a general notice on this Website, or by written communication delivered by First Class U.S. Mail to your address on record with ev3. You may deliver notice to ev3 by using the Contact feature.

Last updated: 15DEC09