Term of Use

These Terms of Use describe the rules for visitors to this web site, which is owned and operated by Cyberonics, Inc. (“Cyberonics”). The words “we” or “our” mean Cyberonics. We may change these Terms of Use at any time. By using this web site, you accept the current version of the Terms of Use.

Copyrights and Trademarks. The materials on this web site are protected by United States and foreign copyright laws. You may e-mail, download, or print copies of the materials on this web site, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this web site, 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 web site are trademarks owned by Cyberonics. An ® following a name on our web site indicates that the trademark has been registered in the United States. A ™ following a name on our web site indicates that it is an unregistered trademark. Each of these trademarks is the property of Cyberonics.

If you use the materials or trademarks on this web site without the permission of Cyberonics or in a way that is not allowed by these Terms of Use, you will violate your agreement with us and may violate copyright, trademark, and other laws, as well. In that event, we automatically revoke your permission to use this web site. Legal title to the materials remains with us or with the authors of the materials contained on this web site. All rights not expressly granted are reserved.

Your Right to Link to This Web Site. Cyberonics grants you a non-exclusive, limited, and revocable license to link to this web site. 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 web site immediately.

You agree not to present the link to this web site 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 web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" this web site or any of its content or copy portions of this web site to a server. You agree not to display or use the Cyberonics logo or trademark in any manner without our prior written permission.

Links to Other Web Sites. This web site may contain links to web sites not operated by Cyberonics. We provide these links for your convenience, but we do not review, control, or monitor the materials on any web sites not operated by Cyberonics. These web sites may contain information about uses of Cyberonics’s products or therapies that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the performance of those web sites or for your business dealings with them. Your use of other web sites is subject to the terms of use of those web sites, including the privacy policies of those web sites.

Your Comments and Ideas. We are pleased to receive your feedback, comments, and ideas, but we want you to understand that any information that you submit through this web site will be considered non-personal, non-confidential, and non-proprietary (other than protected health information, as that term is defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this web site, you hereby grant Cyberonics an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that Cyberonics is free to use them for any purpose.

Exclusion of Implied Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CYBERONICS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CYBERONICS MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE 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.

Some states do not allow limitations on implied warranties, so you may have other or different rights in some states.

Limitation of Liability. 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, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CYBERONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY.

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 U.S. $ 100. THIS LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL MEDTRONIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE.

Other Rules. In addition to the rules in these Terms of Use and the Privacy Statement, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this web site, such as when you follow a link from this web site to VNSTherapy.com or our international web site. Please read our Privacy Statement to learn how we protect and use information that we gather through this web site.

Your obligations under this section and the sections called "Your Comments and Ideas", "Exclusion of Implied Warranties" and "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.

If you violate these Terms of Use or the Privacy Statement in a way that causes harm to others, you agree to hold Cyberonics harmless against any liability for that harm.

By using this web site, you agree that the only proper jurisdiction and venue for any dispute with Cyberonics, or in any way relating to your use of this web site, is in the state and federal courts in the State of Texas, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Cyberonics or its affiliates, employees, officers, directors, agents, or suppliers.

These Terms of Use are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles, and the federal laws of the United States.

Comments, Questions, and Notices. Cyberonics may deliver notice to you by electronic mail, a general notice on this web site, or by written communication delivered by First Class U.S. Mail to your address on record with Cyberonics. You may deliver notice to Cyberonics by using the “Contact” feature, or at:

Tim Sandberg
Web Administrator
Cyberonics Inc.
100 Cyberonics Blvd.
Houston, Texas 77058
Email: Tim.Sandberg@cyberonics.com