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Terms of Use

INTRODUCTION

The Gore MEDICAL MASTERY Series Site ("Site") is provided by W. L. Gore & Associates, Inc. (referred to throughout the Site and the related terms and conditions as "Gore") as a service to Gore customers to provide information and tools to facilitate Gore MEDICAL MASTERY Series educational opportunities. Please review these Terms of Use that govern your use of this Site. Please note that your access and use of this Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Gore reserves the right to update or modify these Terms of Use at any time, without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use the Site. 

As used in these Terms of Use or elsewhere in the Site, the term "Customer" means a health care professional who is or might in the future be involved in the purchasing of or various aspects of the clinical application of Gore Medical Products.

 

USE OF THIS SITE

This Site is to be used by authorized Gore Medical Customers for the purposes of promoting educational opportunities as part of the Gore MEDICAL MASTERY Series and furthering the promotion and sale of Gore Medical Products. As an authorized user, you may view and / or download information on the Site as reasonably necessary for this limited purpose. You may only access and use the Site for appropriate reasons related to Gore MEDICAL MASTERY Series educational information and Gore Medical Products. Access to the Site is granted at the sole discretion of Gore and Gore reserves the right to limit or terminate access to the Site at any time without notice. Gore further reserves the right to alter, amend, or remove content from the Site at any time and for any reason, and to interrupt the operation of the Site as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

ACCOUNTS, PASSWORDS AND SECURITY

As a registered user of the Site, you are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify Gore immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Gore or any other user of or visitor to the Site due to someone else using your password or account as a result of you failing to keep your account information secure and confidential. You may not use anyone else's password or account at any time. Gore cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

ERRORS, INACCURACIES, AND OMISSIONS

Gore strives to ensure that all information provided in the Site is correct at the time of inclusion but occasionally there may be information on this Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information if any information on the Site is inaccurate or out of date at any time without prior notice. 

 

PRODUCT INFORMATION

The Site may contain information and materials describing or depicting Gore Medical Products. The technical features and details of the products described serve only as examples, and the availability, features, and details of Gore Medical Products may vary between countries. Consult the respective Instructions for Use ("IFU") for complete information about the intended use of Gore Medical Products. Nothing contained in the Site or these Terms of Use constitutes an offer to sell any particular Gore Medical Product to any person in any territory.

 

GORE PROPRIETARY RIGHTS 

Gore and / or our licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent, and / or other proprietary rights and laws. Except as expressly authorized by Gore in writing in advance, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.

Gore trademarks and associated Gore logos are protected worldwide. All trademarks and service marks on the Site not owned by Gore are the property of their respective owners. You may not use Gore trade names, trademarks or service marks in connection with any product or service that is not owned, manufactured, sold, or provided by Gore in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks, or service marks without the express prior written consent of the owner.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL GORE OR ANY OF ITS AFFILIATES, ASSOCIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GORE HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GORE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID BY YOU TO GORE (IF ANY) IN CONNECTION WITH YOUR USE OF THIS SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

 

DATA PROTECTION AND PRIVACY

You acknowledge that any personal information that you provide through this Site will be used by Gore in accordance with the Gore Privacy Policy. Additionally, by using this Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to or through the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

USER SUBMISSIONS

For all comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Gore on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") you grant Gore a royalty-free, irrevocable, transferable right and license to use the Comments however Gore desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and / or sell and / or distribute such Comments and / or incorporate such Comments into any form, medium, or technology throughout the world. Gore is and shall be under no obligation (1) to store or maintain any Comments for any length of time; (2) to maintain any Comments in confidence; (3) to pay to user any compensation for any Comments; or (4) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy, publicity, or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be, or contain, libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

 

LINKS TO OTHER WEBSITES

This Site may provide links to other websites and online resources. We are not responsible for and do not control the content of such external sites or resources. Other sites may link to this Site with or without our authorization, and we may block any links to or from this Site. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND OTHER ONLINE RESOURCES, INCLUDING YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS AVAILABLE ON OR THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

 

DISCLAIMER

The services, content, information and materials (collectively, the "Materials") contained in this Site have been checked for accuracy; however, they are provided without any express or implied warranties. Neither Gore nor its affiliates assumes responsibility for any errors or omissions in the Materials. THIS SITE AND ANY MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THIS SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND GORE DISCLAIMS ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THIS SITE AND ALL MATERIALS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THIS SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH OR IN CONNECTION WITH THIS SITE. In no event shall Gore or its affiliates be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages resulting from any use or performance of this Site, or content errors or omissions in the Materials, even if notified in advance of the potential for such damages. All users of this Site agree that access to and use of this Site is subject to the terms and conditions stated in these Terms of Use, as well as all applicable laws, and such access and use is at the user's own risk. It is possible that applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

 

SITE SECURITY

You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (d) sending unsolicited e-mail, including promotions and / or advertising of products or services; or (e) forging any TCP / IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

 

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of this Site, including all disputes, will be governed by the laws of the State of Delaware, United States without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by, and venue in, the state and federal courts in New Castle County, Delaware, United States and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received by you for damages other than your actual out-of-pocket expenses, and shall not include indirect, special, incidental, consequential, exemplary or punitive damages, or any attorney fees, court costs, or other litigation-related fees or expenses. In the event of any controversy or dispute between Gore and you arising out of or in connection with your use of this Site, you and Gore shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then you or Gore shall be free to pursue any right or remedy available under applicable law. If Gore does take any legal action against you as a result of your violation of these Terms of Use, Gore will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Gore. You agree that Gore will not be liable to you or to any third party for termination of your access to this Site as a result of any violation of these Terms of Use.

  

JURISDICTION

The Site is controlled and / or operated from the United States, and is not intended to subject Gore to jurisdiction or laws outside of the United States, except as otherwise expressly stated in these Terms of Use. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access or use the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations with regard to such use. We may limit the availability of the Site, in whole or in part, to any person, geographic area, or jurisdiction that we choose, at any time and in our sole discretion without notice.

 

CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on this Site infringe your copyright, you (or your agent) may send Gore a notice requesting that Gore remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Gore a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov for details. Notices and counter-notices should be sent to: W. L. Gore & Associates, Inc. Legal Department at 551 Paper Mill Road, Newark, DE 19711 United States. We suggest that you consult your legal advisor before submitting a notice or counter-notice.