Terms of Use

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.

Envista Corporation ("Envista") maintains this web site as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

Copyright and Trademark Information
Copyright © 2008 Envista Corporation All Rights Reserved.
This web site, and the information which it contains, is the property of Envista and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "Envista" and the “Compass Program” are trademarks of Envista under the applicable laws of the United States and other countries.
All other product names are trademarks or registered trademarks of their respective owners.
Use of Envista Web Site and Its Content

These Terms and Conditions of Use govern the use of this web site. If you are a subscriber to a Service available through this web site or otherwise from Envista, your use of such Services is subject to your Subscription Agreement and the Subscription Agreement supersedes these Terms and Conditions if there is any inconsistency between the two agreements. Envista may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Envista authorizes you to view, copy, download, and print Envista documents (such as press releases, data sheets, case studies and FAQs) that are available on this web site, subject to the following conditions:

1. The documents may be used solely for noncommercial, informational purposes.

2. The documents may not be modified.

3. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Envista or such third party that may own the trademark or copyright of material displayed on this web site.

Limitations on Use of this Web Site
You agree not to access (or attempt to access) any of Envista’s products, software, services and web sites (“Services”) by any means other than through the interface that is provided by Envista, unless you have been specifically allowed to do so in a separate agreement with Envista. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You acknowledge and agree that Envista (or Envista’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Envista and that you shall not disclose such information without Envista’s prior written consent.
Accuracy of Content and Future Modifications to Web Site

The information on this web site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors. Envista assumes no responsibility for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decisions in reliance on such information.

Envista reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.

Confidential Information

Personally identifiable information that you submit to Envista for the purpose of receiving Services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding Envista’s privacy policies. Envista does not want to receive confidential or proprietary information from you through our web site. Any information or material sent to Envista will not be deemed to be confidential. By sending Envista any information or material, you grant Envista an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Envista is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Envista’s copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Envista’s agent for copyright issues relating to this web site is as follows:

Richard Fiery
Envista Corporation
900 Cummings Center, Suite 307V
Beverly, MA 01915
Telephone: (978) 232-6300, Fax: (978) 927-0725
Email: copyright@envista.com

Availability of Products and Services Mentioned

Information that Envista publishes on this web site may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Envista intends to announce or make available such products or services to the general public, or in your country. Consult your Envista account representative to determine which products and services may be available to you.

No Warranties

INFORMATION AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, ENVISTA DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE, THE SERVER(S) THAT MAKES IT AVAILABLE, OR DOCUMENTS OR MATERIALS DOWNLOADED FROM THIS WEB SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Product descriptions and specifications are subject to change. Envista periodically adds or updates the information and documents on this web site without notice.

It is the user's responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ENVISTA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF ENVISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ENVISTA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO ENVISTA DURING THE MOST RECENT THREE-MONTH PERIOD IN CONNECTION WITH AMOUNTS WHICH YOU PAID FOR USING THIS WEB SITE.)
Links to Third-Party Web Sites

This web site may contain links to non-Envista web sites. These links are provided to you as a convenience, and Envista is not responsible for the content of any linked web site. Any outside web site accessed from the Envista web site is independent from Envista, and Envista has no control over the content of that web site. In addition, a link to any non-Envista web site does not imply that Envista endorses or accepts any responsibility for the content or use of such a web site.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Envista of that third party or of any product or service provided by a third party.

Jurisdictional Issues

Envista makes no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Submissions to Envista and Affiliated Servers

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Envista through this web site is the exclusive property of Envista. Envista is entitled to use any information submitted for any purpose, without restriction (except as stated in Envista's Privacy Policy) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Envista and accepts responsibility for its accuracy, appropriateness, and legality.

Enforcement of Terms and Conditions

These Terms and conditions are governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Envista shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Envista may, at its sole discretion and without notice, revise these terms at any time by updating this posting.
Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein provided that Envista may, without notice to you, at any time modify these Terms and Conditions of Use by updating this posting.

For Additional Information

If you have any questions about the rights and restrictions above, please contact Envista's Marketing Department.

 

Copyright © 2008, Envista Corporation All Rights Reserved.