Terms of Use

These Terms of Use describe the terms and conditions applicable to your use of poseprocedure.com and any of the other websites and online services that link to these Terms of Use (the "Services") operated by USGI Medical, Inc. ("USGI Medical," "we," "our," "us"), and to your use of the information, materials, products, and services available through the Services. By accessing or using our Services you agree to be bound by these Terms of Use. Please read them carefully. If you do not agree to be bound by these Terms of Use, do not access or use the Services. USGI Medical may, at any time, make changes to the Services and the information, materials, products, and services available through the Services. Any modifications will take effect when posted and, if you have created an online account through the Services, by directly communicating the modifications to you. Your continued use of the Services constitutes your agreement to the Terms of Use effective at the time of your use.

The information provided on the Services is for general information and educational purposes. Certain sections of the Services are intended for particular audiences, including USGI Medical's customers, healthcare professionals, and members of the general public. The content of the Services are not intended to provide medical advice. Users should not rely on the materials on the Services in deciding on a treatment plan, drug usage, or any other medical advice. If you are not a healthcare professional or if you are in need of medical services, please contact a physician or other medical provider.

Content

The content, including without limitation, text, user interfaces, visual interfaces, photographs, trademarks logos, sound, artwork, videos, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content contained in the Services is owned, controlled, or licensed by or to USGI Medical and is protected by U.S. trade dress, copyright, and other laws, and other international conventions and laws. Except as expressly provided in these Terms, you may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation software code, contained in the Services without our prior written permission.

You are only authorized to view, use, copy for your records, and download small portions of the Content on the Services for your informational, non-commercial use, provided that you leave all copyright notices or other proprietary notices intact; provided, however, authorized members of the press may access and use small portions of the Content on the Services as a promotional tool on professional media websites, publications, and broadcasts. You may not store, modify, reproduce, transmit, reverse engineer, or distribute a significant portion of the Content on the Services, or the design or layout of the Services, or individual sections of it, in any form or media. You may not access, retrieve any data from, or otherwise perform any other activities on or through the Services using any type of software or other automated process (including without limitation scripts, robots, scrapers, crawlers, or spiders). The commercial use, reproduction, transmission, or distribution of any information, software, or other material available through the Services without the prior written consent of USGI Medical is strictly prohibited. Except as provided herein, nothing contained in the Services shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of USGI Medical or any third party. USGI Medical may revoke the permissions granted herein at any time.

Any use of the Services must be consistent with the cleared or approved indications for use of USGI Medical products and services. USGI Medical reserves the right to refuse access and/or refuse to provide the Services, including, without limitation, if USGI Medical believes that your conduct violates applicable law or is harmful to the interests of USGI Medical. If you violate any of these Terms of Use, without limiting any rights or remedies available to USGI Medical, your permission to use the Services automatically terminates and you must immediately discontinue accessing the Services and destroy any copies you have made of any Content.

Your Content and Conduct

You can learn about how we handle your information on the Services by reading our Privacy Policy, and incorporated herein by reference. You, in turn, agree and consent to the terms of the Privacy Policy by your use of the Services.

Email and content submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this before transmitting any information to us over the Internet.

You agree not to submit or transmit any materials or emails through the Services that (i) are defamatory, threatening, obscene or harassing; (ii) contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, disrupt, or limit the operation or functionality of the Services or of any USGI Medical system or server connected to the Services; (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission; or (iv) otherwise violate any applicable laws. USGI Medical shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

Links. USGI Medical may offer links to other websites operated by other entities as a convenience to you. USGI Medical makes no representation regarding the content or accuracy of any website that you may access through the Services. USGI Medical does not monitor and is not responsible for the content found on other websites that are linked from the Services. Inclusion of these links on the Services does not imply endorsement, recommendation, or sponsorship for any linked website, products, or advice described on the website. Accordingly, USGI Medical assumes no responsibility or liability for the content of any linked websites. Before entering any linked website, you should review and understand that website's Privacy Policy and Terms of Use.

Disclaimer of Warranties

USGI Medical will make efforts to include accurate and current information on the Services. However, the SERVICES, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. USGI MEDICAL DOES NOT WARRANT THAT THE CONTENT, DATA, SOFTWARE, PRODUCTS, AND MATERIALS INCLUDED IN OR AVAILABLE THROUGH SERVICES IS ACCURATE, RELIABLE, COMPLETE, CORRECT, OR TIMELY; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT CONTENT MADE AVAILABLE VIA THE SERVICES WILL REMAIN AVAILABLE, OR THAT WE WILL NOT UPDATE OR REMOVE ANY SUCH CONTENT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IT IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, downloading of Content, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use of data, whether for breach of contract, tort, negligence or any other cause of action.

Limitation of Liability

Because the Services are provided "as is" and "as available," we do not expect to be held liable for damages if something goes wrong.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL USGI MEDICAL, EXECUTIVES, OFFICERS, EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE ONLINE SERVICES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES OR THE CONTENT. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

If your actions cause us or anyone else harm, we ask that you take responsibility. You agree to defend, indemnify, and hold USGI Medical and its respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to your use of the Services, any content you submit or transmit through the Services, your violation of these Terms of Use, your misuse of the Services, or your violation of any third-party rights.

Choice of Law and Venue

These Terms of Use and the relationship between you and us shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the state courts located within Delaware, and federal courts within Delaware, for any disputes or matters arising out of your use of the Services.

Entire Agreement

Except as expressly provided in a particular "legal notice" on the Services, these Terms and Conditions constitute the entire agreement between you and USGI Medical with respect to the Services.

Modifications to Terms of Use

You should review these Terms of Use regularly as they may change. Your continued use of the Services following the posting of changes to the Terms of Use constitutes acceptance of those changes. The "date of last revision" date at the bottom of this page indicates the most recent version of the Terms of Use. In addition, for material changes to these Terms of Use, as determined in our sole discretion, we may send a communication to users for whom we have contact information notifying them of changes. If the modified Terms of Use are not acceptable, the only recourse is to cease using the Services.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by USGI Medical without restriction.

Waiver

Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any waiver must be in writing. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such provision.

Contact

If you have any questions about these Terms of Use, or if you would like to register a complaint or otherwise have a comment, question, or request, please contact us at 949-369-3890.

These Terms of Use were last updated on September 14, 2016.

** In the United States, USGI Medical’s devices have been cleared by the FDA for approximation of soft tissue in minimally invasive gastroenterology procedures. The use of USGI’s devices to treat obesity (including the POSE procedure) is currently under FDA Investigation. USGI Medical also has a CE Mark Indication for the use of its devices to treat obesity in those patients with a BMI of 30-40.


Results and patient experience may vary. Travel and accommodations for the video shoot provided by USGI Medical.