COOK® | Terms of Use

Help

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below. If you do not agree to these terms of use, please do not use this website. Cook Group, Inc. can revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.

This website is owned and operated by Cook Group Incorporated and its affiliates (collectively, the "Company," "we," or "us"). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use.

In connection with viewing and using this website you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for your personal, non-commercial use only. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website are expressly prohibited without the prior express written consent of the Company and any copyright owner from whom we have obtained a license. Requests for such permission should be made to info@cook-inc.com. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without the Company's prior written permission.

CONTENTS AND HYPERLINKS
This website contains hyperlinks to third party websites which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. The Company has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website, Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.

If you want to link to this website please contact webmaster@cook-inc.com before creating that link so the site may be previewed. The Company does not allow the unauthorized use of its logos, trademarks, or other graphics to create links. Text links are permitted upon approval and must be made to the site home page at www.cookgroup.com rather than to any other specific pages within the site, unless you have received the prior written consent of the Company.

USER CONTENT
The Company is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing unless we have specifically requested them. Therefore, please do not send us any original creative materials such as product ideas or suggestions. Anything you disclose or offer to us by or through this website (a "Disclosure"), including e-mails to the Company or postings on interactive portions of this website, shall be deemed and shall remain the property of the Company. Any such Disclosure is provided on a non-confidential basis with no obligation on our part to keep such information secret. The Company is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, manufacturing, and marketing products using such information. You hereby release the company from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure. By uploading or otherwise providing any Disclosure to this website or the Company, you hereby grant the Company, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded materials have been waived.

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT
The Company does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in chat rooms, bulletin boards or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

(2) You will not upload viruses or harmful components.

(3) You will not use the website to further any illegal purpose or to violate the rights of any party.

(4) You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

(5) You will not upload any copyrighted materials.

The Company will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

PATIENT-FOCUSSED WEBSITES
Websites created to disseminate patient literature are to be used only as a guideline. These sites provide basic information about a variety of medical conditions and their treatment. They are not intended to diagnose a medical condition. The treatment of medical conditions vary according to each individual's unique needs and doctor assessments. As with any surgery or medical procedure, the best source for information and advice is your doctor.

PRODUCTS, SERVICES AND SOFTWARE
Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by the Company or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

A description or reference to a non-Company product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by the Company of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. See our Procedure for Copyright Infringement Claims.

NO REPRESENTATIONS OR WARRANTIES
The Company makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or the Company's computer systems. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with this website and you agree to hold the company harmless from, and you covenant not to sue us for, any claims based on use of this website, including claims for lost data, work delays or lost profits resulting from use of materials or content from this website.

The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, this website is provided "as is." The company does not make any warranty of any kind, whether express or implied, including but not limited to any warranty of fitness for a particular purpose or merchantability, nor does it in any way guarantee the quality, data content, artistic worth, or legality of information, content, goods or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that defects will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATIONS OF LIABILITY
The company shall not be liable for your use of or reliance on information contained on this site under any circumstances, including negligence. Nor shall the company be liable for any special, incidental or consequential damages or lost profits that result from the distribution or use of, reliance on or the inability to use, the content or materials on this website, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation may not apply to you. In no event shall the company's total liability to you for all damages, losses and causes of action arising from or related to this website (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this website.

JURISDICTION AND CHOICE OF LAW
The Company controls and manages this website from its facilities in the state of Indiana. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in Indiana and the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. Information published on this website may contain references to products, programs and services that are only available to licensed physicians as required by applicable Federal, State and Local laws and regulations. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.

These terms of use shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law. You and the Company irrevocably consent to the exclusive jurisdiction of the courts located in Indiana in connection with any action arising out of or related to these terms of use or their subject matter. You and the Company waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

TRADEMARKS AND COPYRIGHTS
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of the Company or any third party, whether by estoppel, implication, or otherwise. All brands and names are the property of their respective owners.

Except as otherwise noted, the Company is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America (and other applicable jurisdictions). A partial list of the trademarks of the Company appears below:

SECURITIES AND INVESTMENT
This website and the information contained or referred to herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

SEVERABILITY
If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY
Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Despite any representations concerning privacy, the Company reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

GENERAL
These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. The Company reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights the Company may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control.

CONTACT INFORMATION:

Phone: (812) 339-2235
Toll Free: (800) 457-4500
Toll Free FAX: (800) 554-8335
Email: info@cook-inc.com

PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
Notification must be submitted to the following Designated Agent:

Service Provider

Name of Agent Designated to Receive Notification of Claimed Infringement: Pete Yonkman

Full Address of Designated Agent to Which Notification Should Be Sent: COOK GROUP INCORPORATED P.O. Box 489 Bloomington, Indiana 47402-0489 USA

Telephone Number of Designated Agent: 812-339-2235

Facsimile Number of Designated Agent: 812-330-3213

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

THIRD PARTY NOTICES
QuickTime and the QuickTime Logo are trademarks of Apple Computer, Inc., registered in the U.S. and other countries. The Get QuickTime Badge is a trademark of Apple Computer Inc., used with permission.