Terms of Use

This website is owned and operated by Cook Group Incorporated and its affiliates (collectively, the “company,” “we,” or “us”). Questions about this website or its operation should be directed to the contact points that are included at the end of these terms of use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES OF THIS WEBSITE. By using or accessing this website, you acknowledge and consent to the terms and conditions of use that are set forth below. If you do not agree to these terms of use, please do not use this website. Cook Group, Inc. can revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.

In connection with viewing and using this website, you are not permitted to copy, distribute, exploit, or use any of the contents for any commercial purpose without the prior, express written consent of the company and any copyright owner of the materials. Requests for permission to do so should be made to CustomerSupport@CookMedical.com. All rights that are not expressly granted herein are reserved. Downloading of any information, content, or images from this website does not transfer any right or ownership of the information, content, or images to you, and the information, content, or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without the company’s prior written permission.

Contents and hyperlinks

This website contains hyperlinks to third-party websites that are the sole responsibility of those independent third parties, and your use of them is solely at your own risk. The company has no control over the content or policies of those third-party websites, and we are not responsible for (and under no circumstances will be liable for) the contents, accuracy, or reliability of any websites that are hyperlinked from this website. If you choose to access information from this website (including any information that is obtained through any hyperlink), you are solely responsible for your compliance with applicable laws and requirements.

If you want to link to this website, please contact CustomerSupport@CookMedical.com before creating that link so that your site may be previewed. The company does not allow the unauthorized use of its logos, trademarks, or other graphics to create links. Text links are permitted upon our approval and must be made to the site home page at www.CookGroup.com rather than to any other specific pages within the site, unless you have received the prior written consent of the company.

User content

The company is pleased to hear from its customers. However we do not accept or consider any creative ideas, suggestions, or other materials related to products, services, or marketing unless we have specifically requested them. Therefore, please do not send us any original creative materials such as product ideas or suggestions. Anything you disclose or offer to us by or through this website (a “disclosure”), including e-mails to the company or postings on interactive portions of this website, shall be deemed and shall remain the property of the company. Any disclosure is provided on a non-confidential basis with no obligation on our part to keep such information secret. The company is free to use, for any purpose whatsoever, any disclosure, including but not limited to publishing, developing, manufacturing, and marketing products by using such information. You hereby release the company from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any disclosure. By uploading or otherwise providing any disclosure to this website or the company, you hereby grant the company, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such a disclosure for any purpose and in any media without compensation, and you warrant that all moral rights in uploaded materials have been waived.

Interactive areas and code of acceptable conduct

The company does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit, or regulate information and content provided by third parties on this website, including any such information provided in chat rooms, bulletin boards, or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy, or reliability of such information and content.

By posting, transmitting, or otherwise providing information or content through the website (the “Content”), you grant the company a royalty free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, modify, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Content.

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal, or otherwise improper content.
You will not upload viruses or harmful components.
You will not use the website to further any illegal purpose or to violate the rights of any party.
You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
You will not upload any copyrighted materials.
The company will assist law-enforcement officials who are investigating illegal activity or violations of these terms of use.

Patient-focused websites

Websites that are created to disseminate patient literature are to be used only as guidelines. These sites provide basic information about a variety of medical conditions and their treatment. They are not intended to diagnose a medical condition. The treatment of medical conditions varies according to each individual’s unique needs and doctor assessments. As with any surgery or medical procedure, the best source for information and advice is your doctor.

Products, services, and software

Downloading software from this website does not give you title to such software, including any files, data, and images that are incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software that is available on this website is copyrighted by the company or its owner. Software may not be copied, redistributed, or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

A description or reference to a non-company product, service, or publication on this website (including any description or reference via hyperlink) does not imply endorsement by the company of that product, service, or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.

Notice and procedure for making claims of copyright infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our designated agent. See our “Procedure for copyright infringement claims” below.

No representations or warranties

The company makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or the company’s computer systems. You have the sole responsibility for adequate protection and backup of data and the equipment that is used in connection with this website and you agree to hold the company harmless from, and you covenant not to sue us for, any claims based on use of this website, including claims for lost data, work delays, or lost profits resulting from the use of materials or content from this website.

The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, this website is provided as is. The company does not make any warranty of any kind, whether express or implied, including but not limited to any warranty of fitness for a particular purpose or merchantability, nor does it in any way guarantee the quality, data content, artistic worth, or legality of information, content, goods, or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that defects will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitations of liability

The company makes no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services, and content made available through the website for any purpose. The website and all related information, software, products, services and content are provided “as is” without warranty of any kind. The company hereby disclaims all warranties and conditions with regard to such information, software, products, services, and content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the fullest extent permitted by law, in no event shall the company, its officers, directors, employees and/or agents be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website or with the delay or inability to use the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the company has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website. Notwithstanding the foregoing, the maximum liability of the company, its officers, directors, employees, and agents for losses or damages shall not exceed the fees paid by you to the company for your access to the website.

Jurisdiction and choice of law

The company controls and manages this website from its facilities in the state of Indiana. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in Indiana and the United States of America. Information published on this website may contain references to products, programs, and services that are not announced or available in your country or region. Information published on this website may contain references to products, programs, and services that are only available to licensed physicians as required by applicable federal, state and local laws and regulations. We make no representation that such information, products, programs, or services referenced on this website are legal, available, or appropriate in your country or region.

These terms of use shall be governed by and construed in accordance with the laws of the state of Indiana and the federal laws of the United States of America, without giving effect to any principles of conflicts of law. You and the company irrevocably consent to the exclusive jurisdiction of the courts located in Indiana in connection with any action arising out of or related to these terms of use or their subject matter. You and the company waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

Trademarks and copyrights

Nothing on this website shall be construed as conferring any license or any intellectual property right, including any right in the nature of trademark or copyright, of the company or any third party, whether by estoppel, implication, or otherwise. All brands and names are the property of their respective owners.

Except as otherwise noted, the company is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America and other applicable jurisdictions.

Securities and investments

This website and the information contained or referred to herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

Severability

If any provision of these terms of use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the remaining terms of use and will not affect the validity and enforceability of any remaining provisions.

Privacy

Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Despite any statement concerning privacy, the company reserves the right to disclose without notice to you any information in its possession if it is required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms that relate to the use of personal information collected from such areas or pages.

General

These terms of use represent the entire statement relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification, or change of any information, or any interference with the availability of or access to this website, is strictly prohibited. The company reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights the company may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control.

Contact information

Cook Group Incorporated
P.O. Box 1608
Bloomington, Indiana 47402-1608
USA

Phone: 812.339.2235
Alternate Phone: 800.457.4500 (toll free)
Fax: 800.554.8335 (toll free)
Email: CustomerSupport@CookMedical.com

Procedure for copyright infringement claims

Notification must be submitted to the following designated agent:

Service provider:
Cook Group Incorporated

Name of agent designated to receive notification of claimed infringement:
Pete Yonkman

Full address of designated agent to whom notification should be sent:
Cook Group Incorporated
P.O. Box 1608
Bloomington, Indiana 47402-1608
USA

Telephone number of designated agent:
812.339.2235

Facsimile number of designated agent:
812.330.3213

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, a telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Third-party notices

QuickTime and the QuickTime logo are trademarks of Apple Computer, Inc., registered in the U.S. and other countries. The Get QuickTime badge is a trademark of Apple Computer Inc., used with permission.