| Terms of Use |
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PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use describe rules for visitors to this Ross Summit web site. This web site is owned and operated by CryoLife, Inc. CryoLife is the name we use to refer to our whole business, including CryoLife, Inc. and any of the companies that it controls, such as its subsidiaries and affiliates. When we use the words "we" or "our", we mean CryoLife. We also operate other web sites. These Terms of Use do not apply to our other web sites. You should review the terms of use posted on our other web sites when you visit them. These Terms of Use were created on October 10, 2008. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit this web site. By using this web site, you accept the most recent version of the Terms of Use. ABOUT THE INFORMATION ON THIS WEB SITE. The materials on this wfeb site are for your general educational information only. The information is focused primarily on the Ross Procedure and on information affecting or related to the Ross Procedure and other heart surgeries and conditions. The information is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatments. Much of the information of this site is offered by Ross Summit members without editing, moderation or review by CryoLife. CryoLife is not responsible for any of this member information and is not representing that any such information is true, valid or useful in any manner. CryoLife is not making any representation or warranty with respect to any treatment, action, application or medication whether it is listed, discussed or otherwise disclosed on this web site. Information you read on this web site cannot replace the relationship you have with your health care professional. We do not practice or render medicine or provide or render medical services or advice and the information on this web site should not be considered medical advice. We do not recommend self-management of health problems. You should always talk to your health care professional for diagnosis and treatment. To the extent you are a medical professional, this site is provided for your information and education only and is not to be used as a substitute for your medical judgment. You should carefully read all information provided by manufactures and medical suppliers of any products or services advertised or promoted through the web site and/or displayed on or in the associatefd packaging or labeling before purchasing and or using such products or services. CryoLife does not warrant against human and machine errors, omissions, inaccuracies and incompleteness of the data on this web site. CryoLife (a) does not review for accuracy all communications and materials posted to this web Site, and (b) is not responsible for the content of these communications and materials. OUR COPYRIGHTS AND TRADEMARKS. The materials on this web site 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 web site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this web site, 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 web site, and these names are protected by United States and foreign trademark laws. An ® following a name on our web site indicates that the trademark or service mark has been registered in the United States. A ™ following a name on our web site indicates that it is an unregistered trademark or service mark. All trademarks and service marks are the property of their respective owners. There may be special rules for the use of materials provided on certain parts of this web site. These special rules will be posted near the materials. If you use the materials or trademarks on this web site 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, your permission to use this web site is revoked. Title to the materials remains with us or with the authors of the materials contained on this web site. All rights not expressly granted are reserved. LINKS TO THIS WEB SITE AND USE OF OUR MARKS. You are hereby granted a non-exclusive, limited, and revocable license to link to this web site. We reserve the right to revoke this license generally, or your right to use specific links, at any time. If we revoke this license, you agree to remove and disable any and all of your links to this web site immediately. You agree not to present the link to this web site in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree the link will not appear on a web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" this web site or any of its content or copy portions of this web site to a server. You agree not to display or use our logos or trademarks in any manner without our prior written permission. LINKS TO OTHER WEB SITES. This web site may contain links to web sites that we do not operate. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other web sites. These web sites may contain information about uses of our products that have not been approved in a particular jurisdiction. We do not control or endorse this type of information. We are not responsible for the performance of those web sites or for your business dealings with them. Your use of other web sites is subject to the terms of use of those web sites, including the privacy policies of those web sites. YOUR FEEDBACK, COMMENTS AND IDEAS. While we are pleased to receive feedback, comments and ideas from visitors to this web site, we want you to understand that any information that you submit through this web site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this web site, you hereby grant us an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that we are free to use them for any purpose. NO WARRANTIES. ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. Some jurisdictions 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 WE ARE NOT AND THAT NO PERSON OR COMPANY ASSOCIATED WITH US SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS ON THIS WEB SITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEB SITE. 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, WHETHER YOU USE THE PUBLIC AREAS OF THE WEB SITE OR OTHERWISE. OUR TOTAL LIABILITY AND THE TOTAL LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND VENDORS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THIS LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL WE OR OUR 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 WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER RULES ABOUT THIS WEB SITE. In addition to the rules in these Terms of Use and the Privacy Policy, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this web site, such as when you follow a link from this web site. Please read our Privacy Policy to learn how we protect and use information that we gather through this web site. Your obligations under this section and the sections called "Your Feedback", "No Warranties", "Use of Public Areas or Member Exchange” and ""Limitation of Liability" will survive termination of these Terms of Use. 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. If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to hold us harmless against any liability for that harm. By using this web site, you agree that the only proper jurisdiction and venue for any dispute with us, or in any way relating to your use of this web site, is in the state courts located in Cobb County and federal courts in the northern district of the State of Georgia, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving us or our affiliates, employees, officers, directors, agents, or suppliers. These Terms of Use are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles, and the federal laws of the United States. USE OF PUBLIC AREAS OR MEMBER EXCHANGE. If you use a Public Area, Ask the Expert or Member Exchange or other public area whether currently in existence or that may be created in the future, such as a chat room, inquiry request, message boards, blogs or other community, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in these Public Areas. You acknowledge that the information in those areas may be incorrect, illegal, inappropriate or otherwise disruptive and that if you rely on that information you may cause yourself or other damage or injury. CryoLife is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. CryoLife reserves the right (but is not obligated) to do any or all of the following at any time or from time to time: (a) record the dialogue in public chat rooms; (b) investigate an allegation that a communication does not or communications do not conform to the terms of Terms of Use and determine in its sole discretion to remove or request the removal of the communication(s); (c) remove communications which are abusive, illegal, inappropriate or disruptive, or that otherwise fail to conform with these Terms of Use; (d) terminate a user's access to any or all Public Areas and/or the Ross Community web site upon any breach of these Terms and Conditions; (e) monitor, edit, or disclose any communication in the Public Areas to third parties; or (f) edit or delete any communication(s) posted on the Ross Community web site, regardless of whether such communication(s) violate these standards. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of the Terms of Use:
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