General Conditions for Use
General Terms and Conditions for the use of the websites of STORZ MEDICAL America, Inc.
1. Scope of application
a. STORZ MEDICAL America, Inc. (hereinafter referred to as “STORZ MEDICAL America”),
1000 Cobb Place Blvd NW, Bldg 400, Ste 450, Kennesaw, Georgia, 30144 (United States),
operates the website www.storzmedicalamerica.com, and provides users of this website
with the Internet services available there subject to the following General Terms and
Conditions.
b. These General Terms and Conditions (hereinafter referred to as “T&C”) apply to all users
of these websites when they first access the internet services provided there. These T&C
are supplemented by the Privacy Policy in its current version. In the event of any conflict
between these T&C and the Privacy Policy, the Privacy Policy shall prevail.
c. STORZ MEDICAL America hereby objects to users ́ own terms and conditions of
business and/or purchase. Individual agreements remain unabected by this.
2. Blog
a. The Internet services provided on the website www.storzmedicalamerica.com include a
specialist medical database on the subject of “extracorporeal shock wave lithotripsy”
(hereinafter referred to as “SWL”), which is aimed at a specialist medical audience and
cannot replace qualified advice from a doctor. This database is available to all users free of
charge.
b. On this database, in which STORZ MEDICAL America complies medical expert articles
on the subject of SWL chronologically, users can submit public comments (“blog
function”). Users who participate with comments in the blog function of the database bear
full responsibility for the correctness and appropriateness as well as the absence of legal
violations of their comments.
c. Comments are published with the name given by the user with the respective database
entry. STORZ MEDICAL America also requests the e-mail address of the user in the context
of the publication of a comment in order to contact a user in the event that a third party
should raise an objection to the respective comment of the user as being illegal.
d. The comments published on this website are public on the internet, accessible to
everyone, can be referenced in search engines and can thus be reproduced and read by
third parties.
e. Each user is solely responsible for the content published by the user on this website in
accordance with the relevant legal provisions. Comments are not checked by STORZ
MEDICAL America before publication. STORZ MEDICAL America reserves its right to delete
comments if they are deemed unlawful by third parties. Inadmissible are in particular
i. deception of identity by impersonation of another natural or legal person,
ii. knowingly disseminating untrue information,
iii. he publication of ob-topic content or content that does not suit the purpose of the blog,
iv. posting content that contains malware or pornographic elements,
v. advertising other people's brands, products or services,
vi. Insults or abusive criticism towards other users and/or third parties as well as the use of
hateful, abusive or vulgar language - also in the form of symbols or other signs,
vii. personal attacks based on race, nationality, ethnic origin, religion, gender, sexual
preference, political or philosophical views, trade union membership, occupation,
disability or any other diberence / diversity whatsoever; and
viii. placing links.
f. STORZ MEDICAL America is entitled to delete the comments in question in whole or in
part without further notice to the user if it becomes aware of content that is illegal or
violates these T&C or if such suspicion exists.
g. In addition, STORZ MEDICAL America reserves the right to temporarily and/or
permanently deny access to the database and the associated “blog function” to users who
violate these T&C or if such a violation is suspected.
h. STORZ MEDICAL America reserves the right to modify or deny access to the database, in
whole or in part, at any time, temporarily or permanently, with or without prior notice.
STORZ MEDICAL America may change the functionalities of the database at any time or
cease to provide it altogether.
3. Marketing materials
a. For marketing actions of registered users of the customer ́s portal “Shock Wave Portal”
as well of the distributor ́s portal “e-Dialogue” for advertising goods and services of STORZ
MEDICAL America, STORZ MEDICAL America provides visual materials as well as print files
for patient information and posters (hereinafter referred to as “marketing materials”).
b. The user is not allowed to modify these marketing materials as well as to draft or use
other marketing materials to those provided by STORZ MEDICAL America for the advertising
of goods and services of STORZ MEDICAL America without the previous authorization from
STORZ MEDICAL America.
c. The advertising of goods and services of STORZ MEDICAL America is only allowed on the
user’s own website, insofar as the user only employs the marketing materials provided or
approved by STORZ MEDICAL America.
4. Copyright and property rights
a. STORZ MEDICAL America is the owner of all property rights, protective rights and
copyrights with regard to its own entries, the database and other own contents of this
website.
b. STORZ MEDICAL America, as the owner of the database, which is made available via
www.storzmedicalamerica.com, has the exclusive right to reproduce, distribute and
publicly display the database as a whole or a substantial part of the database in terms of
its nature or scope. Any use of these protected rights not expressly permitted in writing is
expressly prohibited.
c. With respect to entries and contents uploaded by users on these websites intended for
being accessed by other users, the uploading user retains the property rights, industrial
property rights and copyrights. To the extent necessary, the uploading user grants STORZ
MEDICAL America a simple right of use of these contents for the purpose of being
accessed by other users on these websites, without STORZ MEDICAL America thereby
making the third-party content its own.
5. Limitation of liability
a. STORZ MEDICAL America shall be liable in accordance with the statutory provisions for
intent and gross negligence on the part of its legal representatives, executive employees or
other vicarious agents. The same shall apply in the event of the assumption of guarantees
or other strict liability as well as in the event of claims for culpable injury to life, limb or
health.
b. STORZ MEDICAL America shall be liable for ordinary negligent breaches of essential
contractual obligations caused by its representatives, executive employees and simple
vicarious agents. Essential obligations are those whose breach jeopardizes the
achievement of the purpose of the contract or whose fulfilment makes the proper
execution of the contract possible in the first place and on whose compliance users
regularly rely. In this case, STORZ MEDICAL America shall only be liable for the foreseeable
damage typical for the contract. STORZ MEDICAL America shall not be liable for the slightly
negligent breach of obligations other than those specified in the above sentences. Further
liability by STORZ MEDICAL America is excluded.
c. Insofar as the liability of STORZ MEDICAL America is excluded or limited, this shall also
apply in favor of the personal liability of its legal representatives, executive employees and
ordinary vicarious agents.
6. Waiver
a. The user shall indemnify STORZ MEDICAL America against all claims asserted by other
users or other third parties against STORZ MEDICAL America due to infringement of their
rights by entries posted or other contents by the user or due to the user's misuse of this
website.
b. The user shall bear the costs of the necessary legal defense of STORZ MEDICAL America
including all court and lawyer's fees in the statutory amount.
c. This shall not apply if the user is not responsible for the infringement of rights.
d. In the event of a claim by a third party, the user is obliged to provide STORZ MEDICAL
America immediately, truthfully and completely with all information required for the
examination of the claims and the legal defense.
7. Final provisions
a. Should individual provisions of these T&C be or become void or inebective in whole or in
part, this shall not abect the validity of the remaining provisions. Statutory law shall take
the place of provisions of these T&C that are not included or are invalid. If such statutory
law is not available in the respective case (loophole) or would lead to an unacceptable
result, the parties shall enter into negotiations to replace the non-included or invalid
provision with a valid provision that comes as close as possible to it in economic terms.
b. The laws of the State of Georgia, without regard to its conflict of laws principles, shall
govern these T&C, excluding the United Nations Convention on Contracts for the
International Sale of Goods (CISG). The exclusive jurisdiction and venue for any dispute
arising from these T&C shall be the state and federal courts located in Fulton County,
Georgia, and users consent to personal jurisdiction in those courts. STORZ MEDICAL is
also entitled to sue at the general place of jurisdiction of the user.
c. STORZ MEDICAL America is neither prepared nor obliged to participate in dispute
resolution proceedings before an arbitration board.
d. STORZ MEDICAL America reserves the right to change these websites and these T&C in
whole or in part at any time without notice, at its sole discretion.
Important notice for our customers worldwide
Certain equipment or products designed for specific applications may not be registered
with the appropriate authorities or agencies in all countries and therefore may not be
available in certain countries. Before ordering, using or planning to use a product, the local
subsidiary of STORZ MEDICAL America should be contacted to verify the availability and
approval for use of the product in your country.