Legal

Thank you for visiting the BeyondAngio.com website (the “Site”). Volcano Corporation created and maintains this site solely to provide educational information to physicians and others who may be interested in learning more about certain technologies that guide endovascular procedures. Nothing in this Site constitutes medical or professional advice, instruction or recommendation of any sort. Access and use of this Site is at the user’s own risk and is subject to all applicable laws, treaties, statutes and regulations, as well as the Terms and Conditions of Use set forth below.

IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CONTACT YOUR LOCAL EMERGENCY CARE PROFESSIONAL OR FACILITY IMMEDIATELY.

Terms and Conditions of Use

Please read the Terms and Conditions governing the use of this Site.

General

These Terms and Conditions of Use (“Agreement”) set forth the legally binding terms for your use of the website located at http://beyondangio.com/legal (the “Site”). By accessing or using the Site, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). you may not access or use the Site or accept the Agreement if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Site.

Ownership and Licensing

Excluding your User Content (defined below), you acknowledge that all of the intellectual property rights in this Site, including the information, text, photographs, illustrations, graphics, sound, video, meta tags, computer code, and other content (the “Volcano Content”) are owned by Volcano Corporation (“Volcano”) or Volcano’s licensors. Volcano and its licensors reserve all rights not granted in this Agreement. Subject to the terms of this Agreement, Volcano grants users of this Site a non-transferable, non-exclusive license to download Volcano Content from this Site only for personal non-commercial purposes or in furtherance of the user’s dealings with Volcano. Volcano reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Volcano will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive service; and (d) no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future update to the Site shall be subject to the terms of this Agreement.

Trademarks

The trademarks, logos, service marks, trade names, trade dress, and products (“Marks”) in this Site are Volcano’s or our licensor’s property and are protected by US and worldwide intellectual property laws. No use of these Marks may be made without the prior, written permission of Volcano or our licensors. Product names mentioned in this Site may be the trademarks of their respective companies and are hereby acknowledged.

Links

This Site may contain links or references to third party websites. All links are provided merely as a convenience to the users of this Site and do not imply any endorsement of the material on the third party websites or any association with their operators. Volcano does not control or monitor the content of the third party websites, is not responsible for their content, and shall not be liable for any damages or injury arising from the content or use of the third party websites. The third party websites may contain information about uses of products that have not been approved or cleared by the Food and Drug Administration. Volcano Corporation does not endorse any “off-label” uses. Your access and use of the third party websites is solely at your own risk. When you link to a third party website, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such third party website.

User Content

This Site may contain interactive areas or forms wherein physicians and other users may provide their personal information, request further information, or submit other information (e.g., case reviews or other content in a user’s blog postings) (“User Content”). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Volcano. Because you alone are responsible for your User Content (and not Volcano), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Volcano is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.

You hereby grant, and you represent and warrant that you have the right to grant, to Volcano an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content and/or reporting you to law enforcement authorities. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content on the Site, and we assume no responsibility for any User Content. Your interactions with other users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.

Acceptable Use Policy

The following sets forth Volcano’s “Acceptable Use Policy”: You agree not to use the Site to upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (c) that is harmful to minors in any way; or (d) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. In addition, you agree not to use the Site to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.

Patients & Physicians

United States laws, as well as the laws of other jurisdictions, restrict the sale and use of devices and products described in this Site to sale and use by or on the order of a licensed physician.

NO WARRANTIES

THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. VOLCANO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR LICENSORS) MAKE NO WARRANTY THAT THE SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, CURRENT, RELIABLE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold Volcano (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site; (b) your User Content; (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Volcano reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Volcano. Volcano will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Limitation on Liability

IN NO EVENT SHALL WE (AND OUR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Term and Termination

Subject to this section, this Agreement will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (b) terminate this Agreement; or (c) delete your User Content at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement. Upon termination of this Agreement, your use of the Site will terminate immediately. Volcano will not have any liability whatsoever to you for any termination of this Agreement.

This Agreement may be updated from time to time. We will notify you of any material changes by prominently posting any changes on the Site. Any changes to this Agreement will be effective thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. You are advised to consult this Agreement regularly for changes. This Agreement was last updated on October 28, 2011.

Copyright Policy

Volcano respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. identification of the material on our services that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and e-mail address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Volcano is: General Counsel

Address of Agent: 3661 Valley Centre Drive, Suite 200, San Diego, CA 92130

Telephone: 858.720.4113

Fax: 858.720.0335

Email: dlippoldt@volcanocorp.com

Miscellaneous

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law principles that may require the application of the law of another jurisdiction. Any dispute relating to or arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts within the State of California, County of San Diego, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding. Notwithstanding anything to the contrary, Volcano may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information. This Agreement constitutes the entire agreement between you and Volcano with respect to your access to and/or use of this Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Volcano’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

Comments and Questions

Any comments or questions should be directed to the BeyondAngio.com team at info@beyondangio.com . We welcome your comments and feedback (“Feedback”), but please understand that any Feedback submitted is considered non-confidential and non-proprietary. You agree that you will not submit to Volcano any information or ideas that you consider to be confidential or proprietary. With respect to any Feedback provided through this Site, you hereby assign to Volcano all rights in the Feedback and agree that Volcano shall have the right to use such Feedback and related information in any manner it deems appropriate.

 

Copyright ©2011 Volcano Corporation. All Rights Reserved.