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Terms of Use

Welcome to EndoChoice.com (the “Site”). EndoChoice, Inc. and/or its affiliates ("EndoChoice") provide website features to you subject to the following conditions. If you visit or shop at EndoChoice.com, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Web Privacy Policy, which also governs your visit to EndoChoice.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit EndoChoice.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EndoChoice or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of EndoChoice and protected by U.S. and international copyright laws. All software used on this site is the property of EndoChoice or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

“EndoChoice,” “PathOptions” and other EndoChoice graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of EndoChoice in the U.S. and/or other countries. EndoChoice’s trademarks and trade dress may not be used in connection with any product or service that is not EndoChoice’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EndoChoice. All other trademarks not owned by EndoChoice that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EndoChoice.

YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

You agree to indemnify, defend, and hold harmless EndoChoice, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, EndoChoice may link to sites operated by third parties. However, even if the third party is affiliated with EndoChoice, EndoChocie has no control over these linked sites, all of which have separate privacy and data collection practices, independent of EndoChoice. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, EndoChoice seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

RISK OF LOSS

All items purchased from EndoChoice are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

EndoChoice attempts to be as accurate as possible. However, EndoChoice does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by EndoChoice itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ENDOCHOICE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ENDOCHOICE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ENDOCHOICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENDOCHOICE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM ENDOCHOICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENDOCHOICE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting EndoChoice.com, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and EndoChoice.

DISPUTES

Any dispute relating in any way to your visit to EndoChoice.com or to products or services sold or distributed by EndoChoice or through EndoChoice.com shall be adjudicated in any state or federal court in Fulton County, Georgia, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.