Terms of Use

Effective Date of these Terms of Use : May, 30 2014

These Terms of Use describe the rules for visitors to this website, which is owned, hosted and operated by Cyberonics, Inc., a US company established at 100, Cyberonics Boulevard, Houston, TX 77058, USA (“Cyberonics”). The words “we” or “our” mean Cyberonics. Without prejudice to your mandatory rights under applicable law, we may change these Terms of Use at any time. If we changes these Terms of Use, an updated version will reflect those changes and we will notify you of such changes by updating the effective date at the top of these Terms of Use. By accessing and using this website, you accept the current version of the Terms of Use. If you do not accept these Terms of Use, you are not authorized to use this website and should discontinue any use thereof.

1. CONTENT OF THE WEBSITE.

You acknowledge and agree that:

  • Although we strive to provide accurate and up-to-date information on this website, we do not guarantee the accuracy, effectiveness and suitability of any information contained on this website. Each person assumes full responsibility and all risks arising from the use of this website. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. We reserve the right to make additions, deletions, or modifications to the information contained on the website at any time without any prior notification.
  • We do not warrant that the functions of the website or its content will be uninterrupted or error-free, that defects will be corrected, or that the website or the server where the website is stored are free from viruses or other harmful components.
  • To the extent permitted by law, we are not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any links to or from third-party sites.
  • We intend to update the website on a regular basis but, to the extent permissible pursuant to applicable law, assumes no obligation to update any of the content.
  • Content of this website is provided for information purpose only. No information or content available on this website is intended to provide medical advice or to be a substitute for medical advice, consultation, diagnosis or treatment from and by a health care professionals. Specific questions relating to your health and appropriate treatment should be addressed to your physician or other qualified health care professional in the field of health care. Cyberonics may not be held liable in any way, on any basis of liability whatsoever, for any damage alleged or proven resulting, directly or indirectly, from the consultation or use of this information, in accordance with sections 5 – "Exclusion of Implied Warranties" and 6 – "Limitation of Liability" below.

2. Intellectual Property Rights.

The materials on this website, including all information, data, text, music, sound, photographs, graphics and video messages, and all source codes, software compilations and other material are owned by Cyberonics or its licensors and are protected by local and international intellectual property rights, including, without limitation, copyrights, author rights and neighboring rights, database rights, design and models, trademark rights, patent, etc. . Without prejudice to mandatory rights you may have under applicable law, you may not use, transfer, amend, alter, sell, distribute, reproduce or publish, in whole or in part, the materials on this website without the prior written permission of Cyberonics. You may only use this website and of any materials on this website for your personal, non commercial use in accordance with these Terms of Use and subject to compliance with all intellectual property rights or any other rights indicated to you. When you make a copy of the materials on this website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

“Cyberonics,” the “Cyberonics logo,” and the names we use for our products and services on this website are international and local trademarks owned by Cyberonics and are protected under local and international trademark and other intellectual property laws. Each of these trademarks, as well as any other trademarks registered or otherwise protected in the world, is the property of Cyberonics.

If you use the materials or trademarks on this website without the permission of Cyberonics or in a way that is not allowed by these Terms of Use, you may violate our or others' intellectual property rights, including, without limitation, copyright, author's right or neighboring right, database right, design or model right, trademark, patent, and other laws. In that event, we may automatically revoke your permission to use this website and we reserve the right to take all measures that we consider adequate in order to prevent, terminate or obtain reparation for any infringement of intellectual property rights. Legal title to the materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved. You agree not to display or use the Cyberonics' logo or trademarks in any manner without our prior written permission.

3. Your Right to Link to This WebSite.

Cyberonics grants you a non exclusive, limited, and revocable license to link to this website, it being agreed that you are sole responsible for ensuring compliance with applicable laws in that respect. Cyberonics reserves the right to revoke this license generally, or your right to use specific links, at any time. If Cyberonics revokes this license, you agree to remove and disable any and all of your links to this website immediately.

You agree not to present any link to this website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a website that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, malicious, or otherwise in violation of applicable laws. Such link must be designed in such a way so that a new, additional window opens in the navigator proposing the home page of the website exclusively. Under no circumstances may you “frame” this website, create deep links, or any of its content or copy portions of this website to a server.

4. Links to Other Web Sites.

This web site may contain links to websites not operated by Cyberonics. We provide these links for your convenience, and we do not review, control, nor monitor the materials on any websites not operated by Cyberonics. . We do not control nor endorse any information nor content on such websites. To the extent Cyberonics does not own, neither control any of these web sites, Cyberonics can under no circumstances be held liable for any content or privacy policy of any kind that may be part of those websites, neither for the performance of those websites. Your use of other websites is at your own risks and perils, and is subject to the applicable terms of use (and privacy policies) of those websites.

5. Exclusion of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISKS AND PERILS. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CYBERONICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES FOR HIDDEN OR LATENT DEFECT, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CYBERONICS MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, COMPREHENSIVE, OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL IN ACCORDANCE WITH SECTION 6 – "LIMITATION OF LIABILITY" BELOW.

The above limitations of warranties may not be permitted in all jurisdictions, and these limitations are notably without prejudice to your mandatory rights as a consumer under applicable laws.

6. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CYBERONICS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS, OPPORTUNITY, TURNOVER, SAVINGS, GOODWILL, CLIENTELE, REPUTATION, USE, DATA, DAMAGES RESULTING FROM DELAYS OR INTERRUPTION OF ACCESS TO THE WEBSITE, COMPUTER VIRUS, FAILURE OR MALFUNCTION OF YOUR SYSTEMS ARISING IN RELATION TO YOUR USE OF THE WEBSITE, INACCURATE CONTENT OR OMISSION, OR OTHER INTANGIBLE LOSSES, AS WELL AS THIRD PARTIES' CLAIMS (EVEN IF CYBERONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM CLAIMS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE (including gross negligence), HIDDEN OR LATENT DEFECTS, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF CYBERONICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED EUR 100. THIS LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME JURISDICTIONS. IN NO EVENT SHALL CYBERONICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE.

This limitation of liability does not limit Cyberonics' liability for its own intentional negligence or fraud, or any other liability which may not be excluded under applicable law, and is without prejudice to your mandatory rights as a consumer under applicable law.

7. Availability of the website.

You acknowledge and agree that (i) it is technically impossible to provide a website free from any and all visible, latent or hidden defects and that Cyberonics does not make any representation in that respect; (ii) defects may lead to temporary unavailability of the website; and that (iii) the performance of the website may be affected by events or elements that are out of the control of Cyberonics, such as, the transmission and communication means for the conveyance of electronic communications between you and Cyberonics and between Cyberonics and other networks. Cyberonics may, at any time and without prior notice, interrupt access to or modify whole of parts of the website, temporarily or permanently, in order to perform maintenance and/or to implement any improvement and/or modification on the website.

Cyberonics reserves the right to modify at any time the content of the website and/or to interrupt or suspend whole or part of the functionalities of the website.

8. Advertisement.

The website does not contain any kind of advertisement.

9. Protection of Personal Data.

Cyberonics does not intend to collect nor process any personal data about you on this website, except for the limited use of cookies and similar technologies as described in our Cookie Policy available at http://en.eu.livanova.cyberonics.com/cookie-information, with your prior consent to the extent required under applicable law.

Please do not submit any personal data about you or about another individual on this website.

If you write to our postal or e-mail address, we shall only process your personal data that you communicate to us in order to respond to your request and manage you relationship with us in accordance with applicable data protection legislation and for no other purposes. Cyberonics does not process your data for direct marketing purposes. In accordance with applicable law, you may have the right to request access to personal information we hold about you (if any), to request the rectification or deletion of any inaccurate data, as well as to object to the processing of your data on legitimate grounds.

10. GENERAL.

Your obligations under this section and sections 5 – “Exclusion of Implied Warranties” and 6 – “Limitation of Liability” will survive termination of these Terms of Use.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

You agree to hold harmless, defend and indemnify Cyberonics and its directors, officers, employees, contractors, and agents from and against any and all claims, proceedings, damages, expenses, costs and losses (whether direct, indirect, economic or consequential, and including without limitation loss of profit, loss of opportunity, loss of business, loss of data and loss of goodwill, as well as third parties' claims) arising out of, in connection with or otherwise in relation to your violation of these Terms of Use.

You agree that these Terms of Use describe the entire agreement between us with respect to its subject matter. The website was created and is operated under the laws in the state and federal courts in the State of Texas, U.S.A. The laws of of the State of Texas will control the terms provided in these Terms of Use, to the extent that the laws of the State of Texas are not overridden by applicably mandatory laws, e.g. consumer protection laws you would mandatorily benefit from. Without prejudice to your mandatory rights under applicable laws, any dispute arising out of or in connection with your use of the website will be submitted to the exclusive jurisdiction of the courts of the State of Texas.

11. Comments, Questions, and Notices.

You may address your comments and questions, and deliver notice to Cyberonics by using the “Contact” feature in Europe, or at:

Cyberonics Europe BVBA
Airport Plaza – Kyoto Building
Leonardo Da Vincilaan 19
1831 Diegem, Belgium

Or at:

Cyberonics, Inc.
100 Cyberonics Blvd.
Houston, Texas 77058

© Cyberonics, Inc. 2014 | All rights reserved.