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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use describe rules for visitors to this website. By using this website, you agree to be bound by these Terms of Use. This website is owned and operated by Torax Medical, Inc. Torax Medical, Inc., is the name we use to refer to our whole business, including any of the companies that it controls, such as its subsidiaries and affiliates. When we use the words we or our, we mean Torax Medical.

We hereby grant you a non-exclusive, limited, and revocable license to view, access, and use this website pursuant to this Terms of Use, but only for your personal, noncommercial use. We reserve the right to revoke this license at any time. If we revoke this license, you agree to discontinue using this website immediately. If you do not agree to be bound by this Terms of Use, you may not view, access, or use this website.

These Terms of Use were last updated on April 8th, 2008. We may change these Terms of Use at any time and without notice to you. Please review the Terms of Use each time you visit the website. By using this website, it means you accept and agree to be bound by 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 Torax Medical. 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. Torax Medical 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 authorized in various countries. You may see information on this website about products or therapies that are not available or authorized in your country. CAUTION - Torax's LINX Reflux Management System is an INVESTIGATIONAL DEVICE, LIMITED BY FEDERAL LAW TO INVESTIGATIONAL USE. Not available for sale in the United States. Torax's LINX Reflux Management System has received European CE Mark approval for treatment of Gastro-oesophageal Reflux Disease (GORD), also known as GERD) and is available for sale in Europe.

LIMITATIONS ON USE. You may not use any network monitoring or discovery software to determine the website architecture, or extract information about usage or users. You may not remove, disable, defeat or change any functionality or appearances of the website. You may not use the website for gathering information for or transmitting any form of unsolicited commercial communication. You may not use the website for any illegal purpose. Any unauthorized use of the website is prohibited.

COPYRIGHTS AND TRADEMARK. 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 WEB SITE AND USE OF TORAX MEDICAL MARKS. You are hereby granted a non-exclusive, limited, and revocable license to link to this website. Torax Medical reserves the right to revoke this license generally, or your right to use specific links, at any time. If Torax Medical revokes this license, you agree to remove and disable any and all of your links to this website immediately.

You agree not to present the link to this website 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 website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" this website or any of its content or copy portions of this website to a server. You agree not to display or use the Torax Medical logo or trademark in any manner without our prior written permission.

LINKS TO OTHER WEB SITES. This website may contain links to websites not operated by Torax Medical. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. These websites may contain information about uses of Torax Medical products or therapies that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.

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 Torax Medical an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Torax Medical is free to use them for any purpose. You agree that we shall not be under any obligation whatsoever to return any unsolicited submissions from you.. You agree that we shall be entitled to the unrestricted use of the unsolicited submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other provider of the unsolicited submissions.

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

TORAX MEDICAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED, RELIABLE, SUITABLE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR OTHERWISE. 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 TORAX MEDICAL NOR ANY PERSON OR COMPANY ASSOCIATED WITH TORAX MEDICAL 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 TORAX MEDICAL, 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 TORAX MEDICAL, 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 TORAX MEDICAL, 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 TORAX MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION. You agree to indemnify and hold harmless Torax, its affiliates, subsidiaries, parent, officers, agents, partners and employees from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the website, your violation of these Terms of Use, or your violation of any rights of another person or entity.

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 purchase enhanced services, or by following a link from this website. Please read our Privacy Statement to learn how we protect and use information that we gather through this website.

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.

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to our website and its features.

Our failure to exercise or enforce any right or provisions of these Terms of Use shall not constitute a waiver of such right or provisions.

You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to use of this website, the Privacy Policy, or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

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. The provisions of these Terms of Use shall be binding on and inure to the benefit of both your successors and assignees and our successors and assignees.

If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold Torax Medical harmless against any liability for that harm.

By using this website, you agree that the only proper jurisdiction and venue for any dispute with Torax Medical, or in any way relating to your use of this website, including our Privacy Policy, 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 Torax Medical 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.

These Terms of Use and the Privacy Policy constitute the entire agreement between you and Torax related to your use of the website and its content.

QUESTIONS, COMMENTS, AND NOTICES. Torax Medical 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 Torax Medical. You may deliver notice to Torax Medical by using the Contact Us link on each web page, or at:

Torax Medical, Inc
4188 Lexington Avenue North
Shoreview, MN 55126