PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The GE Healthcare Web site (the "Site"), including but not
limited to www.gehealthcare.com and its affiliated sites, provides an
online resource for health care professionals.
These terms may be changed from time to time and without
further notice. Your continued use of the Site after any such changes
constitutes your acceptance of the new terms. If you do not agree to
abide by these or any future terms, please do not use the Site or
download materials from it.
GE Healthcare, a division of General Electric Company ("GE"),
may terminate, change, suspend or discontinue any aspect of the Site,
including the availability of any features, at any time. GE may remove,
modify or otherwise change any content, including that of third parties,
on or from this Site. GE may impose limits on certain features and
services or restrict your access to parts or all of the Site without
notice or liability. GE may terminate your use of the Site at any time
in its sole discretion.
These terms apply exclusively to your access to and use of
the Site and do not alter the terms or conditions of any other agreement
you may have with GE or its parents, subsidiaries or affiliates.
1. Proprietary Rights.
Copyrights. All content on this Site, including
but not limited to design, text, software, technical drawings,
configurations, graphics, other files, and their selection and
arrangement ("Content"), are either Copyright © 2000 General Electric,
or are the proprietary property of GE's affiliates or licensors. All
rights reserved. The Content may not be modified, copied, distributed,
framed, reproduced, republished, downloaded, displayed, posted,
transmitted, or sold in any form or by any means, in whole or in part,
without GE's prior written permission, except that you may download and
print content for uses that are not competitive with or derogatory to
GE, provided that you keep all copyright or other proprietary notices
intact. Please note that this limited consent may be revoked at any time
and does not include consent to republish Content on any Internet,
Intranet or Extranet site or to incorporate the information in any other
database or compilation. Any other use of the Content is strictly
prohibited. You further agree that you will not systematically extract,
collect or harvest, through electronic means or otherwise, any data or
data fields from this Site, including but not limited to customer
identities. If you believe that your copyrighted material has been
improperly used on this Site, please contact our Copyright Agent or see our Copyright Policy for more information.
Trademarks. All trademarks on the Site are either
trademarks or registered trademarks of GE or its affiliates or licensors
and may not be copied, imitated, or used, in whole or in part, without
the prior written permission of GE. All page headers, custom graphics,
button icons, and scripts are service marks, trademarks and/or trade
dress of GE or its affiliates, and may not be copied, imitated, or used,
in whole or in part, without the prior written permission of GE. Other
trademarks, registered trademarks, product names, and company names or
logos displayed on the Site are the property of their respective owners.
Patents. GE's products and processes are covered by
one or more patents and are subject to other trade secret and
proprietary rights. GE reserves all such rights. No transfer or grant of
rights under any patents is made or is to be implied by any provision
decompile, reverse engineer, or disassemble any of GE's products or
Software. Any software, including any files, images
generated by the software, code, and data accompanying the software
(collectively, "Software"), used or accessible through this Site may be
used by you solely for accessing and using this Site for purposes
expressly stated on the Site, provided that such uses are not
competitive with or derogatory to GE. GE retains full and complete title
to and all intellectual property rights in the Software. You agree not
to copy, distribute, sell, modify, decompile, reverse engineer,
disassemble or create derivative works from any Software.
2. User Conduct - General.
In using this Site, you agree:
(a) not to disrupt or interfere with the security of,
or otherwise abuse, the Site, or any services, system resources,
accounts, servers or networks connected to or accessible through the
Site or affiliated or linked Web sites;
(b) not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
(c) not to upload, post, or otherwise transmit through or on this
Site any viruses or other harmful, disruptive or destructive files;
(d) not to use or attempt to use another's account, service or
system without authorization from GE, or create or use a false identity
on this Site;
(e) not to transmit through or on this Site spam, chain letters,
junk mail or any other type of unsolicited mass email to people or
entities who have not agreed to be part of such mailings;
(f) not to divulge your username and password to others either on or off the Site;
(g) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and,
(h) not use this Site to seek, provide or obtain specific medical
advice, medical opinion, diagnosis or treatment as applied to a
patients particular condition or situation.
In addition, you agree that you are solely responsible for
actions and communications undertaken or transmitted under your account,
and that you will comply with all applicable local, state, national and
international laws and regulations, including but not limited to United
States export restrictions, that relate to your use of or activities on
this Site. This Site is controlled and operated in the United States.
If you are in a jurisdiction which restricts you from accessing this
Site, do not access or use this Site. GE makes no representation that
the Site is appropriate or available for use outside the United States.
In addition, you agree that you are solely responsible for actions and
communications undertaken or transmitted under your account, and that
you will comply with all applicable local, state, national and
international laws and regulations, including but not limited to United
States export restrictions, that relate to your use of or activities on
this Site. This Site is controlled and operated in the United States. If
you are in a jurisdiction which restricts you from accessing this Site,
do not access or use this Site. GE makes no representation that the
Site is appropriate or available for use outside the United States.
3. User Conduct - Online Communities and Other Interactive Areas.
The Site contains areas where you may post and share
comments with other Site users on a variety of subjects. You agree that
you will not post or otherwise disseminate on or through the Site
unlawful, harassing, libelous, tortious, abusive, offensive,
threatening, or obscene communications or material of any kind, or
materials which infringe or violate any third party's copyright,
trademark, trade secret, privacy or other proprietary or property right,
or that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable law or regulation; or,
that are otherwise objectionable, including without limitation, content
that evidences bigotry, racism, sexism, or hatred, or that promotes
illegal activities, including without limitation unauthorized uses of
medical devices, or physical harm against anyone. GE reserves the right
but not the obligation to remove any materials it deems objectionable,
in its sole discretion and without any reference to you. You agree to
hold harmless GE and its affiliates and parties with whom GE has
contracted for purposes of hosting or maintaining this Site from all
claims based upon communications made or materials posted by others or
the use by third parties of this Site.
You expressly agree that you will not discuss or refer to
any particular patient, any particular patient's medical condition or
any other information which could identify a particular patient You
further expressly agree that you will not discuss, endorse or refer to
"off label" uses of medical products, including any uses which have not
been approved by the U.S. Food and Drug Administration or other
applicable regulatory agency.
4. Online Communications On and Through the Site.
Except as otherwise provided in section 5 below, you
agree that any communications you transmit to anyone through the Site or
copyrighted works you post on the Site, including, without limitation,
questions, comments, suggestions, ideas, plans, notes, drawings,
configurations, specifications, purchase orders, quotes or requests for
quotes, performance data, account information, or other material, data
or information (collectively, "Information"), are non-confidential and
upon transmission of such Information to GE via email or other means you
grant to GE an irrevocable, non-exclusive, royalty-free, sublicensable,
world wide license (including but not limited to a copyright license)
to use such Information in any media for any purpose.
You acknowledge and agree that GE may use the data
collected in the course of our relationship for the purposes identified
6. GE Content, Product and Service Information - Limitations.
All content available through the Site, including but
not limited to data, technical drawings, configurations, quote and order
information, and catalog listings is believed to be accurate. However,
you should independently evaluate the accuracy of the information and
the usefulness for your particular needs of any content, product or
service available through the Site. Specifications for products and
services are subject to change without notice, and GE reserves the right
to make changes without notice to processing, materials, or
configuration. GE does not guarantee that products or services listed in
its online catalog will be available at the time of your order. All
information on the Site is subject to the disclaimers of section 8
7. Links and Third Party Content.
Links to Other Web Sites.
This Site may from time to
time contain links to other Web sites. These links are provided as a
convenience and do not constitute an endorsement, sponsorship or
recommendation by GE of -- or responsibility for -- the linked Web sites
or any content, services or products available on or through such
Links from Other Web Sites
All links to this Site must be approved in writing by GE, except that GE consents to links in which:
(1) the link is a text-only link containing only the title of the home page of this Site,
(2) the link "points" only to the home page of the Site and not to deeper pages,
(3) the link, when activated by a user, displays this home page of the
Site full-screen and not within a "frame" on the linked Web site, and
(4) the appearance, position, and other aspects of the link does not
- create the false appearance that an entity or its activities or
products are associated with or sponsored by GE or its affiliates, or
- be such as to damage or dilute the goodwill associated with the name
and trademarks of GE or its affiliates. GE reserves the right to revoke
this consent to link at any time in its sole discretion.
Third Party Content.
This Site may from time to time contain
material, data or information provided, posted or offered by third
parties, including but not limited to advertisements or postings in
online community discussions. You agree that neither GE nor its
affiliates shall have any liability whatsoever to you for any such third
party material, data or information.
THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE
THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, GE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL
CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR
THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT GE DOES NOT CONTROL INFORMATION,
PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT
AS OTHERWISE AGREED IN WRITING, GE AND ITS AFFILIATES ASSUME NO
RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE
ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY
ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR
SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE
SITE. GE DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL
MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY,
WILL BE CORRECTED. NOR DOES GE MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE
ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH USE OF THIS SITE.
GE ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A
USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS,
NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME,
MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE
CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF GE, ITS
AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, GE DISCLAIMS ANY WARRANTY OR
REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH
THE SITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM GE OR THROUGH THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN WRITING. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL GE OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR
IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY
CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT
IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF
GE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE
ABOVE MAY NOT APPLY TO YOU.
governed by and construed in accordance with the laws of the State of
New York, and the federal laws of the United States of America, without
giving effect to its conflict of laws provisions. You agree to submit to
the personal and exclusive jurisdiction of the state or federal courts
located within the State of New York.
Other. These terms constitute the entire agreement
between you and GE governing your use of the Site. Should any provision
in these terms be found invalid or unenforceable for any reason, then
that provision shall be deemed severable from the terms and shall not
affect the validity or enforceability of the remaining provisions. You
agree that any claim arising out of or related to the terms or your use
of the Site must be filed within one year after it arose or be