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“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.
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.
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.
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.
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.
The website does not contain any kind of advertisement.
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.
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
100 Cyberonics Blvd.
Houston, Texas 77058