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Bariatric and Metabolic resources for a healthier life

CA Patients - Legal Notice/Terms and Conditions

Note: This text applied to the REALIZE mySUCCESS® site, which has been discontinued. It is for reference only and does not apply to www.REALIZE.com.

Legal Notice

All content of this Internet site is owned or controlled by Ethicon Endo-Surgery, Inc and is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way.

The owners of this site will use reasonable efforts to include up-to-date and accurate information in this Internet site, but make no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. The owners of this site shall not be liable for any damages or injury resulting from your access to, or inability to access, this Internet site, or from your reliance on any information provided at this Internet site. This site is for residents of Canada.

This Internet site may provide links or references to other sites but the owners of this site have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Internet site.

The trademarks, service marks, trade names, trade dress and products in this Internet site are protected in Canada and internationally. No use of any of these may be made without the prior, written authorization of the owners of this site, except to identify the products or services of the company.

Any personally identifiable information in electronic communications to this Internet site is governed by this site's Privacy Policy. The owners of this site shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.

The sender of any communications to this Internet site or otherwise to the owners of this site shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

Terms and Conditions

Agreement

This service is intended only for patients in Canada who have engaged with a bariatric physician’s practice or who have received a REALIZE® adjustable gastric band or a gastric bypass or sleeve gastrectomy using an Ethicon Endo-Surgery, Inc. device. Ethicon Endo-Surgery, Inc. (“Ethicon”) reserves the right to terminate this site at any time for any reason.

THE INTERNET SITE (THE “SITE”) IS PROVIDED FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC PROFESSIONAL OR OTHER ADVICE, NOR IS IT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. SOME OF THE CONTENT OF THIS WEBSITE MAY BE USER GENERATED. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Ownership and Site Content

Except where excluded in this Agreement, all content of this Internet site is owned or controlled by Ethicon and is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes but no modification or future reproduction of the content is permitted. The content may otherwise not be copied or used in any way.

The owners of this site will use reasonable efforts to include up-to-date and accurate information on this Internet site, but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information provided. Some of the content on this Internet site may be user generated. The owners of this Internet site shall not be liable for any damages or injury resulting from your access to, or inability to access, this Internet site or from your reliance on any information provided at this Internet site.

User License Granted to Ethicon

Ethicon makes no claims to ownership of content that you submit, post, or otherwise make available to, or through, the Internet site (“User Content”), and you continue to retain all ownership rights in such User Content.

However, you hereby grant to Ethicon and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, publicly perform, and/or publicly display such User Content (in whole or in part, as is or as may be edited) worldwide via the Internet site or otherwise, and/or to incorporate such User Content in other works in any form, media, or technology now known or later developed.

User Waivers and Representations

You hereby acknowledge, agree, warrant and represent as follows: (i) that you shall be responsible for all acts or transactions that occur under your user account, including, without limitation, for ensuring the accuracy, reliability, currency or completeness of all content contained on the Internet site and/or any user content you upload, post or otherwise transmit to, or through, the Internet site; (ii) that Ethicon cannot (nor is it required to) guarantee the accuracy, reliability or completeness of any User Content.

Indemnification By User

You hereby agree to indemnify, defend and hold harmless Ethicon and its respective owners, affiliates, business partners, directors, officers, employees and agents from any loss, liability, claim, demand, damage or expense asserted by any third party relating in any way to your use of the Internet site or breach of this Agreement, including, without limitation, reasonable attorneys’ fees and expenses, in connection with any claim or demand arising from, related to, or in connection with, your: (a) violation of this Agreement, (b) use of the Internet site, or (c) placement, posting or transmission of any User Content on or through the Internet site.

Links

This Internet site may provide links or references to other sites but the owners of this site have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Internet site and do not constitute an endorsement of the external site.

Intellectual Property

The trademarks, service marks, trade names, trade dress and products featured in this Internet site are protected in the United States, Canada and internationally. No use of any of these may be made without the prior written authorization of the owners of this Internet site, except to identify the products or services of the company. The owners of this site shall be free to use or copy all other information in any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purposes. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.

Privacy

Any personally identifiable information in electronic communications to this Internet site is governed by this site’s Privacy Policy.

Inappropriate Uses

The sender of any communications to this Internet site or otherwise to the owners of this Internet site shall be responsible for the content and information contained therein, including its truthfulness and accuracy. Unauthorized or inappropriate use of this service may result in cancellation of your access to this service. Unauthorized or inappropriate use includes, but is not limited to, malicious use of email, SMS spam, inappropriate photos, and photos which you post outside the site in association with the REALIZE® or the REALIZE mySUCCESS® Trademarks.

Termination

If you breach any provision of this Agreement, you may no longer use the Internet site. Ethicon may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Internet site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other person. If this Agreement or your permission to use the Internet site is terminated by us, the terms of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Internet site and anything relating to or arising from such use. If you are dissatisfied with the Internet site or with this Agreement, including any policies or practices of Ethicon in operating the Internet site, then your sole and exclusive remedy is to discontinue using the Internet site. The Disclaimer and Limitation of Liability, Intellectual Property and Indemnification provisions in this Agreement shall survive any termination of this Agreement.

General

If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision of this Agreement.

This Legal Notice/Terms and Conditions was last updated on May 17, 2011.