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Website Terms of Use & Conditions

Covidien makes the materials on this Website ("Site") including all information, documents, communications, files, text, graphics, software and products included on this Site (collectively "Materials"), available for your use subject to the terms and conditions set forth in this document and any changes to this document made by Covidien from time to time (collectively, "Terms and Conditions"). By downloading, installing or using any Materials, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use, access, download or install the Materials.

No Medical Advice

This Site is not a substitute for professional medical advice. The Materials available through this Site are for informational purposes only. You should contact your physician if you have any questions about your medical condition, or if you need medical help. If you need emergency medical help, you should immediately call 911 or your physician.

The information contained on this Site is not intended to replace consultation with your physician about your specific condition and medical options. For detailed information about the Venefit™ targeted endovenous therapy consult a vein specialist. The Venefit™ procedure system is restricted by Federal (USA) law to sale by or on the order of a physician.

Limited License

Covidien authorizes you to download and use a single copy of the Materials solely for non-commercial personal use, provided that you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials.

Copyright; Ownership; Restrictions

This Site, and the Materials thereon, are the exclusive property of Covidien and its suppliers, and are protected by worldwide copyright law. Commercial use of any Materials without written permission of Covidien is strictly prohibited. The copyright and ownership interests in all Materials are held by Covidien and its suppliers and protected by U.S. laws and international treaty provisions. You agree not to use, copy, republish, frame, post, transfer, display, perform, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer or create derivative works based on the Materials, except as expressly allowed herein. Unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.

Term; Termination

These Terms and Conditions are effective until terminated by Covidien. Covidien may terminate these Terms and Conditions with respect to you or any other third party without notice at any time for any reason. Upon termination all rights granted in these Terms and Conditions shall immediately cease to exist and you must promptly discontinue all use of the Materials and this Site and destroy all copies of the Materials downloaded by you. In addition, in the event that Covidien determines, in its sole discretion, that you have breached any of the Terms and Conditions, Covidien reserves the right to terminate access to this Site and take any other action which Covidien, in its sole discretion, deems to be appropriate. All terms that by their nature should survive termination of these Terms and Conditions will survive.

Disclaimer

You acknowledge and agree that the Materials are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title and non-infringement of any third-party right with respect to the Materials or any services related to the Materials are expressly disclaimed to the fullest extent permitted by law.

No warranty or representation is given that the functions contained in the Materials will meet your requirements, that the operation of the Materials will be uninterrupted or error-free, or that any defects in the Materials will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Material or the adequacy of the Materials. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

Links to external, or third party websites, are provided solely for visitors' convenience. Links taken to other sites are done so at your own risk and Covidien accepts no liability for any linked sites or their content. When you access an external website, keep in mind that Covidien has no control over its content. Any link from this website to an external website does not imply or mean that Covidien endorses or accepts any responsibility for the content or the use of such website. Covidien does not give any representation regarding the quality, safety, suitability, or reliability of any external websites or any of the content or materials contained in them.

Covidien makes all reasonable efforts to include current and accurate information on this Site. However, Covidien makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information provided. Covidien shall not be held liable for any damages resulting from your access to, or inability to access, this Site, or from your reliance on any information provided herein. Covidien reserves the right to modify, change or delete any Materials or information on this Site at any time without notification.

Trademarks

The trademarks, service marks and logos used and displayed in the Materials are registered and unregistered trademarks and service marks of Covidien and others. Venefit, Closure, ClosurePLUS, ClosureFast, ClosureRFS are registered or unregistered trademarks of Covidien in the United States and other countries. All other registered and unregistered trademarks used in the Materials are the property of their respective owners. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any Covidien trademark, service mark or logo used or displayed in the Materials without the prior express written permission of Covidien. When used with Covidien’s permission, all trademarks must be identified as trademarks of Covidien using the appropriate symbol (e.g., ™) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels. In addition, such marks must be listed, identified and attributed as the property of Covidien in a footnote at the end of the communication.

Forward-Looking Statements

The Materials may contain projections or other forward-looking statements relating to future events, future products or the future performance of Covidien. Such statements are only predictions and subject to certain risks and uncertainties. Consequently, actual events or results may differ materially. These risks and uncertainties are described from time to time in Covidien’s filings with the Securities and Exchange Commission.

Personal Information

Information submitted to Covidien through the Site is governed by Covidien’s Privacy Policy.

User Submissions

Except as provided in the Privacy Policy, no ideas, material, computer code, information or other communication you submit or post to Covidien or the Site will be considered confidential or proprietary. All such material becomes the exclusive property of Covidien, which is entitled to use such material for any purpose without restriction or compensation. You are prohibited from posting or transmitting to or from the Site any unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law.

Third-Party Products and Services

This Site mentions third-party products and services, if any, for informational purposes only. Covidien makes no recommendations or endorsements about any third-party products or services.

LIMITATION OF LIABILITY

UNDER NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL COVIDIEN OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THIS SITE, OR THE USE OR INABILITY TO USE THE MATERIALS, OR ANY DATA SUPPLIED THEREWITH, EVEN IF COVIDIEN OR A COVIDIEN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.

Export Laws

By using the Materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the U.S. has embargoed goods. You agree that you will not export or "re-export" (transfer) the Materials or any product that contains the Materials unless you have complied with all applicable United States and foreign government export controls and approvals. For additional information with respect to the United States export controls, you may wish to visit the U.S. Bureau of Industry and Security's web site at: http://www.bis.doc.gov.

General

Any part of these Terms and Conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign your rights or obligations granted under these Terms and Conditions without the prior written consent of Covidien. Any attempted assignment or transfer without such prior written consent from Covidien shall be null and void. The headings of sections of these Terms and Conditions are for convenience only and are not to be used in interpreting these Terms and Conditions. In the event Covidien is required to initiate legal proceedings to enforce any provision of these Terms and Conditions or you initiate any legal proceedings relating to these Terms and Conditions, the prevailing party shall be entitled to recover all reasonable attorneys' fees from the other party. These Terms and Conditions constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. These Terms and Conditions may only be modified by Covidien in a writing.

Contact Information

All requests for further information or for permission to reproduce any portions of the Materials should be directed to: Covidien plc, 20 Lower Hatch Street, Dublin 2, Ireland