Terms & Conditions

Use of the American Medical Systems, Inc. website is subject to the following terms of use.

ACCEPTANCE OF TERMS OF USE
Please carefully review the following terms of use. By accessing and using the American Medical Systems, Inc. ("AMS") website, you agree to the following terms of use. If you do not agree to the following terms of use, you may not access, use, or download materials from the AMS website.

Any violation of the following terms of use results in automatic termination of your right to access, use or download materials from the AMS website requiring that you immediately destroy any copies made or downloaded of any portion of the Contents.

AMS may make changes to these terms of use, which will be posted to this page and will become effective immediately upon posting. You are urged to read these terms of use each time you visit the AMS website. These terms of use were last updated March 29, 2005.

MEDICAL ADVICE
AMS does not endorse any specific surgical techniques, methods of treatment, physicians, products, or other information presented on this website. The contents of the AMS website, including text, graphics, images, third party information, and other material contained on the AMS website ("Contents") are for informational and educational purposes only.

The Contents are not intended to replace discussions with a healthcare provider, medical advice, diagnosis, or treatment. All decisions regarding patient care must be made with a physician or other qualified healthcare provider, considering the unique characteristics of individual patients.

Do not disregard or delay seeking professional medical advice based on the Contents of the AMS website.

Please contact a medical professional or call 911 if you are experiencing a medical emergency. Reliance on the Contents of the AMS website, including information provided by AMS, others contributing to the AMS website by invitation from AMS, or other visitors or users of the AMS website is solely at your own risk.

SEXUALLY EXPLICIT CONTENTS
The AMS website contains some sexually explicit materials, including text, graphics, and images, relating to various medical treatments, including but not limited to impotence, incontinence, prostate diseases and urethral strictures. Presentation of these materials on the AMS website is strictly for educational and informational purposes and is not intended for commercial use.

CHILDREN'S PRIVACY
The AMS website is not intended for use by children under the age of 13. AMS does not collect Personal Information from any person known to be a child under the age of 13.

COPYRIGHT NOTICE
Documents published by AMS on the World Wide Web may not be copied other than for non-commercial individual reference. AMS authorizes you to view or download a single copy of the Contents provided that you include the following copyright notice: "Copyright © 1999-2005 by American Medical Systems, Inc.

All rights reserved" and other copyright and proprietary notices contained in the Contents. The Contents may not be recopied, reproduced or otherwise redistributed thereafter.

The Contents are protected under federal and foreign copyright laws. AMS owns all right, title and interest to the Contents. Any misuse of the Contents, except as permitted herein, is expressly prohibited and may violate copyright law, trademark law, the law of defamation, the law of privacy and publicity, communications regulations and statutes, or other laws.

All Contents and features are subject to change or modification without notice. All rights not expressly granted herein are reserved to AMS. Please be advised that AMS actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

PHYSICIAN LOCATOR
AMS, its directors, officers, employees, representatives and agents, assume no liability or responsibility for the clinical diagnosis, treatment methods or other patient services of any physician listed on this website.

AMS does not confirm the professional credentials of these physicians. Information about the physicians listed on this website is provided for user convenience and does not constitute endorsement of any physician by AMS.

The physicians listed on this website are those physicians in your geographic area who have experience in implanting AMS medical devices during the prior 12 months, as determined from AMS records. Generally, a physician will be excluded from this list if AMS determines that the physician does not meet the criteria for recent experience in implanting AMS medical devices.

The list of physicians is not intended to be all inclusive of those physicians who treat impotence, incontinence, prostate diseases, urethral strictures and related medical issues. No fees or inducements have been paid to be included on this list.

LIMITED LIABILITY
Use of the AMS website and any third-party websites linked to or referenced on this website is at your own risk. Information may be transmitted during access and use of the AMS website via means outside the control and jurisdiction of AMS.

AMS assumes no liability for or related to service delays, failures, interruptions, data corruption or any other issues related to transmission of information in connection with the use and/or access of the AMS website.

AMS will use reasonable efforts to include accurate and up-to-date information on its website, however the Contents are provided on an "as is" basis. AMS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, STATUTORILY OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, AMS disclaims all representations, assurances, or warranties regarding:

1. The accuracy, currency or completeness of the Contents, software, links, or other communications provided by access, use and/or downloads of or from this website.

2. The satisfaction of any government regulations requiring disclosure of information pertaining to medical devices and prescription drugs or the compliance of any software tools regarding the Contents of the AMS website.

In no event shall AMS or any party involved in creating, producing or delivering this website be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use this website, or any errors or omissions in the content thereof whether based on warranty, contract, tort, or any other legal theory, and whether or not AMS is advised of such damages.

AMS shall be liable only to the extent of actual damages incurred by you, not to exceed [$1,000]. AMS is not liable for any claims of personal injury, including death, caused by your misuse of information accessed, used and/or downloaded of or from the Contents of this website.

You agree that all claims arising from your access, use and/or downloading of the Contents of this website shall be brought within one (1) year from the date of the event giving rise to your alleged claim. Remedies under these terms of use are exclusive and are limited to the express provisions herein.

USER SUBMISSIONS
By submitting information to this website, you agree that:

1. All information contained in your submission, including but not limited to personal information, business information, ideas, concepts, or inventions, is non-confidential for all purposes. If you wish to keep your personal information, business information, ideas, concepts, inventions, or other information confidential, please do not submit them to AMS via this website.
   
2. You automatically grant to AMS, or warrant that the owner of all intellectual property contained in your submission has expressly granted to AMS, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce create derivative works from, modify, publish, edit, translate, distribute, perform, and display the information contained in your submission in any media or medium, or any form, format, or forum now known or hereafter developed.
   
3. You will not download, transmit, send, or email any information to or from the AMS website that infringes or violates any rights of any party.
   

AMS reserves the right to assign or sublicense its rights under this agreement. AMS makes a good faith effort to answer email submissions in a timely manner.

LITERATURE, CLINICAL ARTICLES/BOOKS, AND LINKS TO OTHER SITES
The AMS website provides links to medical literature, clinical articles and books and third-party websites. Inclusion of these links on the AMS website is merely for your convenience and does not imply any affiliations, recommendations or endorsements by AMS of any of the content in the medical literature, clinical articles and books or on the third-party websites.

In general, in the absence of any other agreement with AMS, you may link or hyper-link to the home page of the Site from your web site, subject to the following:

1. you notify us by email at webmaster@AmericanMedicalSystems.com specifying the URL of each page from which you will be linking to our home page;
   
2. you do not frame the Site or any portion of the Site;
   
3. you do not deep link into the Site (i.e., you do not link into any page other than the home page);
   
4. the link or hyper-link to the Site is not used in a way that suggests that AMS endorses you or your web site;
   
5. the link is identified using a plain text rendering of the AMS name and not any trademark or AMS logo;
   
6. the link or hyper-link to the Site is not used or presented in any way that disparages AMS or tarnishes, blurs, or dilutes the quality of AMS's names or trademarks or any associated goodwill; and
   
7. you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.
   

IMAGES OF PEOPLE
Images of people maybe used throughout the AMS website to illustrate stories, testimonials, quotations, clinical trials and/or evaluations. To protect the privacy of individual patients and physicians, images of other people have been substituted.


The images of people contained throughout the AMS website are not necessarily patients, families of patients, or physicians and in some cases the people in these images are professional models.

INDEMNITY
You agree to defend, indemnify, and hold AMS, its directors, officers, employees, representatives and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, due to or arising out of, or in any way connected with your use of or access to the AMS website or your violation of these terms of use.

GENERAL
AMS is headquartered in Minneapolis, Minnesota, in the United States of America with offices in Argentina, Australia, Belgium, Canada, China, England, France, Germany, Italy, and Spain.

AMS makes no claims that the AMS website or any of the links to medical literature, clinical articles and books and third-party websites contained therein may be appropriately downloaded outside the United States of America. Access to the Contents may not be legal by certain persons or in certain countries.

You access the AMS website outside the United States of America at your own risk. You are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the termination or expiration of this agreement for any reason whatsoever: Limited Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURSIDICTION
You expressly agree that exclusive jurisdiction for any dispute with AMS, or in any way relating to your use of the AMS website, resides in the courts of the State of Minnesota and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Minnesota in connection with any such dispute including any claim involving AMS or its directors, officers, employees, representatives and agents, telecommunication providers, and content providers.

These terms of use are governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles.

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.

COMPLETE AGREEMENT
Except as expressly provided in any other particular "legal notice" on the AMS website, these terms of use and the AMS Privacy Statement constitute the entire agreement between you and AMS with respect to the use of the AMS Site and the Contents therein.