U.S. 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
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 the United States of America.
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 the United States of America 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.
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
This Website is provided to you under these “Terms & Conditions” and any amendments or supplements to them that may be posted by Ethicon Endo-Surgery, Inc. (EES) from time to time (collectively referred to as this “Agreement”). Your use of this Website shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not access or use the Website or post or submit any materials on it.
REALIZE mySUCCESS® is an exclusive benefit of the REALIZE® Solution for band, bypass, and sleeve. Only patients who have a REALIZE® Band or Endocutter from Ethicon Endo-Surgery used in their procedures are eligible for full post-surgery access to the REALIZE mySUCCESS® site.
The REALIZE mySUCCESS® Website is owned by EES. All right, title, and interest to the content displayed on the Website (excluding User Content, as defined below), including but not limited to the Website’s look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of EES or its respective partners, agents, or third parties.
Modifications to the Agreement
EES may make changes to the Agreement from time to time in its sole discretion, and will post any such changes on the Website. Each time changes are made to the Agreement, notice of these changes will be posted on the home page. Your continued use of the Website following the posting of changes constitutes your acceptance of any such changes.
Website Intended Audience
This Website is intended for and directed to patients in the United States who have engaged with a bariatric surgeon’s practice, or who have received or will receive a REALIZE® Adjustable Gastric Band or REALIZE® Solution for Bypass/Sleeve Gastrectomy. This Website is not intended for any children under the age of 18.
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Compliance With Laws
You agree to comply with all applicable local laws regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
User Content and Conduct
EES policy for this Website is to pre-moderate User Content. Pre-moderation means that the User Content will not be posted to the Website and cannot be accessed or viewed by other Website users until an administrator or screener has reviewed it and determined that the User Content is suitable for posting to the Website. This process also means that User Content submitted for posting will not be posted in real time. EES will endeavor to review User Content within five business days. User Content that is deemed unsuitable for the Website may never be posted.
You agree that you will not use the Website in any way to:
- post, disseminate, or transmit any User Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy;
- post, disseminate, or transmit any User Content that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
- post, disseminate, or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
- impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any User Content transmitted through the Website;
- post, disseminate, or transmit any User Content you do not have the right to post, disseminate, or transmit;
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
- interfere with, disrupt, or harm in any way the Website or servers or networks connected to the Website;
- electronically stalk or otherwise harass another user;
- collect or store personal data about other users;
- engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
- use the Website for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other website providers, websites, chat rooms, or the like; or
- intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law.
Violations of These Guidelines
If you violate these User Conduct/Posting Guidelines, community staff will contact you individually. Your actions may result in a warning, suspension, or permanent banning from participation in our community. We do not publicly discuss or announce warnings, suspensions, or loss of access. The decision to restrict access is made at the community staff’s discretion and is the result of our sole judgment of a member’s demonstrated inability or disinclination to follow our guidelines. We reserve the right to restrict access to this site from any member at any time for any reason, with or without warning.
Protection of Intellectual Property Rights and License
You acknowledge that all other content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors or third-party advertisers (the “Other Content”), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by EES herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any Other Content (including, without limitation, any software) available through the Website.
You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print and distribute Other Content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the Other Content. You may not copy, reprint, modify, distribute, or sell Other Content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other websites, regardless of whether you receive compensation, without the prior written permission of EES. You may not frame any trademark, logo, or other proprietary information on this Website without the express written consent of EES. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppels, or otherwise under any of EES’s content, under any Other Content or under any associated intellectual property rights. Any rights not expressly granted herein are reserved.
User Content and Correspondence
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users. You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the REALIZE mySUCCESS® support tool Standards, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You acknowledge that the Company may retain archived copies of your User Content. EES does not assert any ownership over your User Content; rather, as between you and us, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
EES and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any User Content that is available via the Website. EES reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, EES and its designees will have the right to remove any User Content that violates the Agreement or that EES considers, in its sole discretion, objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of the Website, including your User Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices.
In addition, by submitting User Content, you agree that EES will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements (which reflect your actual experiences and beliefs), throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes by EES and its affiliated entities. If EES or its affiliates makes use of any of the foregoing rights, you understand and agree that you shall not receive any consideration, payment, notification or credit, nor will you have any approval over how EES uses the foregoing rights.
Any submissions, questions, comments, materials, suggestions, criticisms, letters or the like sent by you to EES regarding the Website (the “Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights. EES will have no obligation of any kind with respect to Received Materials that you do not restrict and EES will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials. Furthermore, EES is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to EES for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.
Storage of User Content
You agree that EES may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for User Content maintained, disseminated, or transmitted through the Website. You agree that EES has no responsibility or liability for the deletion of or failure to store any messages, communications, or other User Content maintained, disseminated, or transmitted through the Website.
Your Contact With Advertisers or Other Third Parties
Your dealings with advertisers or other third parties found on or through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. EES does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that EES will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.
Links to Other Websites
The Website, or third parties on the Website, may provide links to other sites and/or resources, including advertisers, over which EES has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by EES of content, items, or services on those third-party Websites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. EES makes no representations or warranties with respect to the content, ownership, or legality of any such linked Websites. You agree that EES has no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources.
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEBSITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND DO NOT CONSTITUTE LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
EES AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE EES STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, EES CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
Disclaimer of Warranties With Respect to Use of Website
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
EES DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. EES MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EES OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL EES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT EES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EES, REALIZE are trademarks of the Ethicon Endo-Surgery, Inc. You may not use or display any trademarks or service marks owned by EES without our prior written consent. Reference to third-party brand names will be changed to generic terms (Lap-Band will be changed to band) or capitalized. The third-party trademarks used herein are trademarks of their respective owners.
Notice and Procedure for Making Claims of Copyright Infringement
EES asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, EES has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide EES’s Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent for notice of claims of copyright infringement on its site is EES Customer Support Center, who can be reached as follows: 1-866 REALIZE, firstname.lastname@example.org
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- EES shall remove or disable access to the material that is alleged to be infringing;
- EES shall forward the written notification to such alleged infringer (“Subscriber”); and
- EES shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
Modification or Suspension of the Website
You agree that EES may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that EES will not be liable for the consequences of doing so.
You agree that EES may, in its sole discretion, and at any time, terminate your use of the Website, and may remove or delete any or all of your Content within the Website, without prior notice to you for any reason that EES, in its sole discretion, deems appropriate. You further agree that EES will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Limitation of Actions Brought Against EES
You agree that any claim or cause of action arising out of your use of the Website or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
The Agreement and the resolution of any dispute related to the Agreement, the Website, or items you purchase through the Website shall be governed by and construed in accordance with the laws of New Jersey, without giving effect to any principles of conflicts of law. Any legal action or proceeding between EES and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey, and you agree to submit to the personal and exclusive jurisdiction of such courts.
If you have any questions or concerns with respect to the Agreement or the Website or an EES product you may contact a representative of EES at:
Ethicon Endo-Surgery, Inc.
Attention: eMarketing Manager
4545 Creek Road
Cincinnati, OH 45242
1-866 REALIZE (1-866-732-5493)
This Legal Notice/Terms and Conditions was last updated on May 17, 2011.