Terms of Use

These Terms of Use govern your use of the usendoscopy.com web site (the "Site") provided by US Endoscopy ("US Endoscopy," "we" and "us"). BY USING THE SITE, YOU HEREBY AGREE TO USE THE SITE ONLY IN ACCORDANCE WITH THE FOLLOWING TERMS OF USE. These Terms of Use apply to anyone who visits or otherwise uses the Site.

UPDATES AND GUIDELINES
We may update these Terms of Use from time to time without notice to you. You can review the most current version of the Terms of Use at any time at /terms-of-use.aspx. When using certain services on the Site, you and we will be subject to any posted guidelines or rules applicable to such services, which may be posted and updated from to time. All such guidelines and rules are hereby incorporated by reference into these Terms of Use.

USE OF THE SITE
By visiting or otherwise using the Site:

  • You represent that you are of legal age to form a binding contract, and are not a person barred from using the Site under the laws of the United States or any other applicable law; and
  • If you are using the Site on behalf of your employer, you represent that you are authorized to do so


CONDUCT

You agree to abide by the following rules for use of the Site.

  • You may not use the Site in such a manner as to violate any applicable law.
  • You may not use the Site or any hardware, software, or equipment of US Endoscopy for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to US Endoscopy or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination.
  • You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without the express written permission of US Endoscopy.

 

We reserve the right to modify any features of the Site at any time without advance notice. In the event either you or US Endoscopy terminate this Agreement for any reason, you remain liable for any fees incurred before such termination is effective. WE MAY, IN OUR SOLE DISCRETION, TERMINATE OR SUSPEND ACCESS TO ALL OR PART OF THIS SITE (a) FOR USERS, FOR ANY REASON, INCLUDING FAILURE TO COMPLY WITH THESE TERMS OF USE, or (b) FOR ANYONE, IN ORDER TO PREVENT OR MITIGATE HARM TO THE PERSON OR PROPERTY OF YOU, OTHER USERS OF THE SITE, US ENDOSCOPY, OR THIRD PARTIES, OR AS REQUIRED BY LAW.

CONTENT AND MEDICAL DISCLAIMER
The Content in this Site is for informational and educational purposes only and is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients. We cannot give medical advice, nor do we provide medical or diagnostic services. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other healthcare professional.

Your reliance upon Content obtained by you on or through this site is solely at your own risk. We use reasonable efforts to ensure that information we provide on the Site will be accurate, but we do not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, in connection with, or posted to our Site.

AVAILABILITY OF PRODUCTS
The products referenced on this Site may not be available for sale in all countries. No representation is made by US Endoscopy as to the availability of a particular product in a particular country. For the availability of a particular product in your country, please contact us. US Endoscopy retains the right to discontinue sale or distribution of any products referred to on this site at any time without prior notice or liability.

OFFER AND ACCEPTANCE
This Site includes functionality for online ordering for domestic US orders only.  A purchase order electronically submitted by you for applicable US Endoscopy product constitutes an offer for the purchase and sale of products (the "Offer").  Any Offer will be subject to US Endoscopy’s Standard Terms and Conditions.  Confirmation of acceptance of the order by US Endoscopy, either entered through this Site, or any other form of acceptance that you receive, will result in a contract for the purchase of the requested products or services on the applicable terms and conditions.  US Endoscopy’s "Terms and Conditions of Sale" govern your product orders for products, unless US Endoscopy specifically agrees in writing to other terms.

You will be deemed to have accepted all of the applicable terms and conditions except those to which you have specifically objected. You are required to set forth each objection to the applicable terms and conditions in writing, signed and dated by you and delivered to us prior to or contemporaneous with your order or request. Our failure to object to provisions in any communication will not constitute a waiver of any of the Terms and Conditions of Sale, nor an acceptance by us of any such provisions. Any terms proposed by you that are different from or additional to the Terms and Conditions of Sale are rejected unless specifically accepted by us in a separate document signed by both you and us, regardless of whether such other terms would materially alter the Terms and Conditions of Sale. No course of dealing, custom or usage which is contrary to the applicable terms and conditions will apply.

US Endoscopy reserves the right to correct any typographical or clerical errors in prices, specifications or acknowledgments.

LINKS TO OTHER SITES
The Site may contain links to other websites. US Endoscopy has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such link does not constitute an endorsement of, or any representation regarding, the linked website, its content, its owner, its performance, or its owner's products or services.

OWNERSHIP
All materials on the Site that are created or provided by US Endoscopy, including text, graphics, logos, icons, and images, are the property of US Endoscopy or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of US Endoscopy and is also protected by United States and foreign intellectual property laws. You may download, view, copy, and print the materials on this Site for personal or internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site, or resell access to the Site, in any form or by any means without the prior written consent of US Endoscopy. We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved. The other trademarks, service marks, and logos used on the Site are trademarks of others.

CONTRIBUTIONS
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to US Endoscopy through its suggestion or feedback web pages, via email, or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) US Endoscopy is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) US Endoscopy shall be entitled to use or disclose (or not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) US Endoscopy may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of US Endoscopy without any obligation of US Endoscopy to you; and (f) you are not entitled to any compensation or reimbursement of any kind from US Endoscopy in connection with the Contributions under any circumstances.

TERMINATION OF USE
US Endoscopy reserves the right to terminate access to all or any part of this Site at any time for any reason without prior notice or liability. US Endoscopy may change, suspend, or discontinue all or any aspect of the Site and any time without prior notice or liability.

EQUITABLE RELIEF
You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, US Endoscopy shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms of Use, or otherwise.

DISCLAIMER OF WARRANTIES
THE SITE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, US ENDOSCOPY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND THE ALL INFORMATION AND CONTENT INCLUDED ON THE SITE. US ENDOSCOPY MAKES NO WARRANTY THAT (a) THAT THE SITE WILL MEET YOUR REQUIREMENTS; (b) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, "TROJAN HORSES," OR OTHER MALICIOUS CODE; (c) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (d) THAT ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED. No information or advice obtained through the Site, or any other affirmation of US Endoscopy, by words or actions, shall constitute a warranty.

Your use any material distributed, downloaded, or accessed from the Site at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material. US Endoscopy assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site or any material found on the Site, or any other site to which the Site is linked, or any damages resulting from your reliance on materials posted on the Site.

IN NO EVENT SHALL US ENDOSCOPY'S LIABILITY ARISING IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL US ENDOSCOPY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, (a) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON US ENDOSCOPY IN CONNECTION WITH THESE TERMS OF USE; (b) THE USE OF OR INABILITY TO USE THE SITE; AND (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. "Consequential damages" include, without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against you.

US Endoscopy shall not be liable for any failure to perform under these Terms of Use where such failure results from any cause beyond US Endoscopy's reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

INDEMNITY
You agree to indemnify and hold harmless US Endoscopy, its affiliates, successors, advisors and licensors, and their respective directors, officers, shareholders, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of the Terms of Use, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account, or for any third party claims arising as a result of your use of the Site or reliance upon any information found on the Site. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

GOVERNING LAW
This contract shall be governed by and construed under the laws of the State of Ohio, without regard to its conflicts of laws principles. Except as set forth in the "Equitable Relief" provision of these Terms of Use, the sole jurisdiction and venue of any action related to these Terms of Use shall be the Ohio state courts and the United States federal courts in Lake County, Ohio, and you agree to submit to the personal and exclusive jurisdiction of these courts.

GENERAL PROVISIONS
All the terms of these Terms of Use shall apply to and bind your assignees and successors in interest and those of US Endoscopy. This Agreement is not assignable by you without US Endoscopy's prior written consent. The waiver by US Endoscopy of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of this Agreement is held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of this Agreement.

US Endoscopy
5976 Heisley Road
Mentor, Ohio 44060, USA
(440) 639-4494

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