Terms of Use

This Web Site is owned by Guidant Measurement. This Web Site Use Agreement ("Agreement") is between you and Guidant. This Web Site ("Web Site") includes (a) information such as technical, contractual, product, program, pricing, marketing, and other valuable information ("Information"); and (b) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content").

YOU AGREE TO READ THIS AGREEMENT CAREFULLY BEFORE USING ANY Guidant WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this or any other Guidant Web Site, and if you are registered to access a password protected web site, you must notify Guidant that you wish to terminate your access by sending an e-mail to TechnicalCommunications@GuidantMeasurement.com. Your use of the Guidant Web Site signifies your agreement to the terms and conditions set forth in this Agreement.
You acknowledge that you have read and agree to the Guidant Web Site Privacy Policy via a link located in the footer navigation bar of the Guidant Web Site pages. You further agree that Guidant shall not be liable should any third party obtain your data from the Guidant Web Site, including if such third party fails to use your data in accordance with the Guidant Web Site Privacy Policy.
You represent and warrant that you have the full power and authority to enter into and be bound by this Agreement. In the event you register on the Guidant Web Site or receive a password given to you by Guidant via other means, the foregoing representation and warranty shall apply to your authority to act on behalf of the business entity for which you work provided that business entity is a customer, vendor, or prospective customer of Guidant. When you register, you agree to (i) provide current, accurate and complete information as prompted by the registration process, and (ii) maintain and promptly update such information so that it remains at all times current, accurate and complete. You shall be responsible for all activities that occur under any password provided to you upon registration or via other means, and you agree to immediately notify Guidant of any unauthorized use of your password or any other breach of security. To notify Guidant of any change in your registration information or status — including a change in your employment status — or of any unauthorized use of your registration information or of your wish to cancel your access to any Guidant Web Site for which you are registered, send an e-mail to TechnicalCommunications@GuidantMeasurement.com. Notification of any such change or unauthorized use must be made immediately. Failure to do so shall be considered by Guidant to be a breach of these terms and conditions, and you agree that Guidant may seek relief via any and all legal means available in order to satisfy any damages that may result. For the purposes of these terms and conditions, you agree that “unauthorized use” means any use of your Guidant Web Site registration information by anyone other than you on behalf of the business entity for which you work provided that business entity is a customer, vendor, or prospective customer of Guidant.
Should you register on the Guidant Web Site or receive a password given to you by Guidant via other means, you will be provided the ability to access and use certain products and services offered to registered users. Such access and use may be subject to additional terms and conditions. You must read and agree to any such additional terms and conditions, including payment of any fees charged, in order to access and use such products and services.
Guidant reserves the right, at any time and at its sole discretion, to change, modify, add or remove, in whole or in part, any provision of this Agreement, the Privacy Policy and any other terms and conditions (collectively "Terms and Conditions") on the Guidant Web Site. Any such changes will be posted on the Guidant Web Site. By continuing to use the Guidant Web Site, you agree to be bound by the Terms and Conditions then in effect and applicable to your use. You should periodically review the Guidant Web Site to determine the current Terms and Conditions to which you are or may be bound.
The Guidant Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Any and all Content on the Guidant Web Site is: (i) owned or controlled by Guidant or the party credited as the Content provider, (ii) protected by copyright, and (iii) provided for your use only. You may not remove any copyright or other proprietary notice contained on the Guidant Web Site or on any product or service described therein. Guidant grants you permission to copy documents copyrighted by Guidant and published by Guidant on the Guidant Web Site for your use and for use by other employees of the business entity for which you work, provided you maintain all copyright and other proprietary notices contained in such documents. No authorization is granted to copy documents not copyrighted by Guidant which may appear on or be reached by links from the Guidant Web Site. Copying or storing of any Content for other than your use or for use by other employees of the business entity for which you work is strictly prohibited. Except as expressly authorized herein, no Content available on the Guidant Web Site may be copied, stored or transmitted by any means (including but not limited to electronic, mechanical, scanning, photocopying or recording) without the prior written permission of Guidant or the Content provider. Guidant expressly reserves all intellectual property rights it may possess in all products, processes or technology that appear on the Guidant Web Site. Nothing contained herein shall be construed as conferring, by implication, estoppel, or otherwise, any license or other right to use any copyright, patent, trademark, service mark or other intellectual property right of Guidant or any third party.
You represent, warrant and covenant that you shall not upload, post or transmit to, or distribute or otherwise publish through, the Guidant Web Site any materials which (i) restrict or inhibit any other User from using and enjoying the Guidant Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, racist, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, harassing, or otherwise objectionable to Guidant or other users of the Web Site, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate or infringe the rights of third parties, including, without limitation, third party rights in copyright, trademark, patent, privacy, publicity, and any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading information of origin or statements of fact.
You hereby agree to indemnify, defend and hold Guidant, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of or related to any breach by you of this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. Guidant reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Guidant.
The Guidant Web Site contains links and pointers to other related World Wide Web internet sites. Links to and from the Guidant Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by Guidant of the contents or continued availability of any third party site. Guidant does not represent or warrant the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through any third party site. You acknowledge that any reliance upon any such advice, opinion or statement shall be at your sole risk.
Guidant does not and cannot review all materials posted by users to the Guidant Web Site, including, without limitation, materials posted to any chat room, forum or message board. Guidant is not responsible for any such materials posted by users. However, Guidant reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Guidant's sole discretion are objectionable, in violation of this Agreement, or in conflict with any Guidant policy or any relationship between Guidant and a third party.
THE Guidant WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE Guidant WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Guidant AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR: (A) THE CONTENT, FUNCTIONALITY OR ACCESSABILITY OF THE Guidant WEB SITE, (B) THIRD PARTY MATERIALS, INFORMATION AND FUNCTIONS ACCESSIBLE THROUGH THE Guidant WEB SITE, (C) ANY PRODUCTS OR SERVICES OF, OR HYPERTEXT LINKS TO, THIRD PARTIES, OR (D) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE Guidant WEB SITE OR ANY LINKED SITE. FURTHER, Guidant AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Guidant DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Guidant WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE Guidant WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Guidant SHALL NOT BE LIABLE FOR THE USE OF THE Guidant WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OFFERED ON THE Guidant WEB SITE, ANY AND ALL MATERIALS AND INFORMATION ACCESSIBLE THROUGH THE Guidant WEB SITE, AND ANY ERRORS CONTAINED IN ANY OF THEM. Guidant SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU AS A RESULT OF YOUR INABILITY TO ACCESS THE Guidant WEB SITE OR ANY DAMAGES CAUSED TO YOUR COMPUTER HARDWARE OR SOFTWARE AS A RESULT OF YOUR ACCESS TO THE Guidant WEB SITE. IN NO EVENT SHALL Guidant BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE Guidant WEB SITE OR ANY OTHER WEB SITE TO WHICH THE Guidant WEB SITE IS LINKED, EVEN IF Guidant HAS BEEN ADVISED OF SUCH DAMAGES.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications", but excluding Personal Information which is addressed in the Guidant Privacy Policy) to the Guidant Web Site, you hereby grant to Guidant a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publish, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in any manner whatsoever. You hereby waive all rights to any claim against Guidant for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You acknowledge that transmissions to and from the Guidant are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Guidant, no confidential, fiduciary, contractually implied or other relationship is created between you and Guidant other than pursuant to this Agreement. No agency, joint venture, partnership or employment relationship is intended or created between you and Guidant as a result of this Agreement, and neither party is authorized to enter into any obligation, express or implied, on behalf of the other party.
You shall at all times comply with all applicable laws, rules and regulations regarding your use of the Guidant Web Site and your posting and retrieval of information thereon, including, without limitation, those governing false advertising, infringement or misappropriation of third party intellectual property rights, unfair competition and antitrust.
The Guidant Web Site is controlled, operated and administered by Guidant from its offices within the United States of America. Unless set forth elsewhere within this Web Site to the contrary, and then only to the limited extent expressly set forth in writing, Guidant makes no representation that the Content, information or materials on or accessible through the Guidant Web Site are appropriate or available for use at locations outside the United States. If you use the Guidant Web Site from outside the United States, you are solely responsible for compliance with all applicable laws, including without limitation export and import laws of other countries. Accessing the Guidant Web Site from locations where its Content is illegal is prohibited. As applicable, you agree to obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your use, from outside the United States, of any Content offered on, or other materials or information accessible through, the Guidant Web Site.
You agree to comply with all applicable export control laws, rules and regulations of the United States of America. Any diversion of the Content of the Guidant Web Site contrary to United States law is prohibited. None of the Content offered on the Guidant Web Site, nor any materials or information accessible through use of the Guidant Web Site, is or will be acquired for, or shipped, transferred, or re-exported to, directly or indirectly, proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KANSAS, WITHOUT REGARD TO ANY CONFLICTS OF LAW PROVISIONS OR THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE THE 10TH JUDICIAL DISTRICT OF KANSAS OR THE U.S. DISTRICT COURT OF KANSAS, AND THE PARTIES HEREBY CONSENT TO THE PERSONAL JURISDICTION OF SUCH COURTS.
This Agreement is assignable by Guidant, in whole or in part, without your consent. You may not assign this Agreement or password, nor any rights hereunder, whether by operation of law or otherwise, without the prior written consent of Guidant. Any purported assignment without such consent shall be void and shall be considered by Guidant to be a breach of these Terms and Conditions, and you agree that Guidant may be damaged by unauthorized access to this or any other Guidant Web Site and may seek relief, including injunctive relief, via any and all legal means available in order to satisfy any damages that may result.
Guidant may change, suspend or discontinue any aspect of the Guidant Web Site at any time, including the availability of any feature or Content. Guidant may also impose limits on certain features or Content or restrict your access to parts or the entire Guidant Web Site without notice or liability.
This Agreement constitutes the entire agreement between Guidant and you with respect to your use of the Guidant Web Site. Any cause of action you may have with respect to your use of the Guidant Web Site must be commenced within one (1) year after the claim or cause of action arises. Any failure to act by Guidant with respect to any breach by you or others does not waive Guidant's right to act with respect to any subsequent or similar breach. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

June 2019