Terms of Use
Welcome to the Hernia Info internet site (the/this “Site”) sponsored by BD ( “we,” “us,” or “our”). 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 THIS SITE. BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS SITE.
1. Use of this Site.
(a) To use this Site, you must also be 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with BD and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use this Site.
(b) The information provided on this Site is for general informational and educational purposes only, and you are only authorized to use the content of this Site for such purpose. In no case may the Content (defined below) be used for any commercial or other purpose. BD may change the Content and otherwise on this Site at any time and from time-to-time. You shall not attempt to access sections of this Site, underlying systems or otherwise for which you are not intended to have access. Your access to and use of the information contained on this Site is subject to these Terms of Use. WE MAY CHANGE AND/OR ASSIGN THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE. PLEASE REVIEW THE TERMS OF USE EACH TIME YOU VISIT THIS SITE. BY ACCESSING OR USING THIS SITE, IT MEANS YOU ACCEPT THE MOST RECENT VERSION OF THESE TERMS OF USE.
2. Disclaimers; Limitations of Liability
(a) a. BD attempts to include up-to-date and accurate information on this Site, but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND ITS CONTENT IS AT YOUR OWN RISK. ALL INFORMATION ON THIS SITE IS PROVIDED “AS IS” AND WHEN AVAILABLE. BD (INCLUDING ITS AFFILIATES AND PROVIDERS) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND/OR CONTENT WILL (I) BE UNAVAILABLE AT SCHEDULED AND UNSCHEDULED TIMES, AND (II) NOT BE ERROR-FREE. IN ADDITION, BD EXPRESSLY MAKES NO WARRANTIES REGARDING MATERIALS PROVIDED BY THIRD PARTY LICENSORS OR OTHER PROVIDERS, OR USE OF THIRD PARTY SITES, SYSTEMS OR SERVICES.
(b) NEITHER BD NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN OR RELIANCE ON THE CONTENT HEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT. IN ADDITION TO (AND WITHOUT LIMITING) THE FOREGOING, BD, ITS AFFILIATES AND PROVIDERS, MAXIMUM CUMULATIVE LIABILITY RELATED TO THIS SITE SHALL IN NO EVENT EXCEED $100 USD.
(c)You understand that BD cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus and other protection. BD (INCLUDING ITS AFFILIATES AND PROVIDERS) WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS SITE OR ITEMS OBTAINED THROUGH THIS SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO THIS SITE.
(d) THE CONTENT PROVIDED THROUGH THIS SITE (INCLUDING VIA ANY LINKS ON THIS SITE) MAY BE PROVIDED BY THIRD PARTY CONTENT PROVIDERS. BD IS NOT A PUBLISHER OF SUCH CONTENT AND HAS NO EDITORIAL CONTROL OVER IT. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN OR PROVIDED BY THIRD PARTIES ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT AND NOT OF BD. YOU USE SUCH CONTENT ONLY AT YOUR OWN RISK. In addition, the content on this Site is presented only as of the date/time published or indicated, and may be superseded by subsequent events or for other reasons.
3. Privacy. BD respects the privacy of this Site’s users. Please refer to our Internet Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed on this Site.
4. Third Party Internet Sites and Links. This Site may contain links or references to other Internet sites maintained by third parties over whom BD has no control. Such links are provided merely as a convenience. BD does not review the content of such sites. Similarly, this Site may be accessed from third party links over which BD has no control. BD (INCLUDING ITS AFFILIATES AND PROVIDERS) MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION CONTAINED IN SUCH INTERNET SITES AND SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURIES OF ANY KIND ARISING FROM SUCH CONTENT OR INFORMATION. Inclusion of any third party link does not imply an endorsement or recommendation by BD.
5. Medical Information. This Site may contain information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. For any diagnosis or medically significant answer, you should always consult with a doctor or other healthcare professional without delay.
6. Trademarks. All product names, trade names, service names, tag lines or logotype distinguished in form, text or otherwise from surrounding text, whether or not appearing in large print or with the trademark symbol, are trademarks, service marks, trade names and/or trade dress (collectively referred to as the “Marks”) of BD, its affiliates, related companies or its licensors (in fact or implied) or joint venture partners, unless otherwise noted. Such Marks are protected by the laws of the United States and/or other countries. No use of any of these Marks may be made without the prior, written authorization of the mark owner, except as permitted by law. The use or misuse of these Marks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and other state and federal regulations and statutes. Be advised that BD actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
7. Copyrights. The content of this Site, including but not limited to text, photographs, illustrations, video, sound and other material (collectively referred to as “Content”) is subject to copyright protection. Except as expressly provided on this Site, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit or otherwise use Content or any portion thereof in any form, or create any derivative work based on such Content, without the express written consent of BD or the copyright owner. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, Mark or copyright of BD, or any third party. Unless otherwise stated, all rights, title and interest in the Content, this Site and related materials are with BD. You will not export any Content or other materials related to this Site outside of the United States without the express written consent of BD. You will be solely responsible for complying fully with all applicable export laws and regulations of the United States and any other relevant jurisdiction, and will assure that none of Content or anything else related to the Site, or any portion or derivative thereof, is exported, directly or indirectly, in violation of United States law.
8. Void Where Prohibited. This Site and its Content are for use only by persons located in the United States. BD makes no claims that this Site or any of its Content is accessible or appropriate outside of the United States. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. This Site links to other sites produced by BD’s various operating divisions and subsidiaries, some of which are outside the U.S. Those sites may have information that is appropriate only to that particular originating country. BD reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this Site is void where prohibited.
9. Governing Laws. These Terms of Use and your use of this Site shall be governed by the laws of the United States of America and the State of New Jersey without regard to conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey.
10. Physicians. BD or any of its subsidiaries or affiliates may, through its Site, assist you in identifying a physician or clinic in your area. In such cases, BD or its subsidiaries or affiliates does not have any ownership or direct financial interest in any of the specific physicians or clinics listed and does not endorse, certify or recommend any of these physicians or clinics. Neither BD nor any of its subsidiaries or affiliates guarantees nor makes any warranties, express or implied, as to the quality of medical advice or care given by any physician or clinic.
11. Indemnity. You agree to indemnify and hold BD, its affiliates and providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any materials that you transmit to or post on this Site, your use of this Site, any content, service or product herein, your violation of the Terms of Use, or your violation of any rights of another user.
12. Force Majeure. BD, its affiliates and providers, will not be responsible for anything resulting from a cause over which BD does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including cable and internet), unauthorized access, viruses, theft, change in law, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of god), fire, war, insurrection, terrorist act, riot, labor dispute and other labor problems, accident, emergency or action of government.
13. Term. These Terms of Use are effective until terminated. BD may terminate your access to the Site at any time without notice. All rights and obligations reasonably intended to survive the termination of these Terms of Use shall so survive (including without limitation the disclaimers and limitations of liability herein).
14. Miscellaneous. If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable (and modified to be as close to the intent as legally permissible) without affecting the enforceability of all remaining provisions. BD reserves the right to alter or delete Content from this Site at any time at its discretion. Any failure by BD to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and the Privacy Policy are the exclusive agreement between BD and you regarding the subject matter.