Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.

These Terms of Use apply to your use of our websites, including Abiomed.com, AbiomedAcademy.com, AbiomedSpeakers.com, ProtectedPCI.com, Impella.com, and ImpellaConnect.com (the “Websites”) . By viewing or using the Websites, you agree to be bound by these Terms of Use without limitation. If you do not agree to be bound by these Terms of Use , please stop viewing the Websites. If you violate any of these Terms of Use , your permission to use the information automatically terminates and you must immediately destroy any copies you have made of the materials contained on the Websites. Abiomed, Inc. reserves the right to revise any or all of these Terms of Use by updating this web page at any time and without notice. Your use of the Websites is subject to any such revisions, and you should periodically visit this web page to review the current Terms of Use. Each and every time you access one of the Websites you shall be deemed to have agreed to the then current Terms of Use, and your continued use of the Websites after any such changes constitutes your acceptance of any new terms.  These Terms of Use were last updated on December 18, 2018.

Abiomed provides the materials on the Websites for general informational purposes. The Websites contain information concerning Abiomed that may be useful to our collaborators, investors, employees and shareholders, as well as the general public. Abiomed makes no representations or warranties and assumes no responsibility or liability as to the accuracy, completeness, reliability or usefulness of any information contained on the Websites. In addition, Abiomed expressly disclaims any obligation or duty to update or correct information contained on the Websites. Abiomed assumes no liability or responsibility for any errors or omissions in the content of the Websites. Abiomed reserves the right to make additions, deletions or modifications to the information or materials on these Websites at any time and in any way, without notice.

As a condition of your use of the Websites, you warrant that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms of Use or reproduce or distribute any portions of any Website for any commercial use except as authorized by these Terms of Use.  You agree that Abiomed may, with or without cause, immediately terminate your access to one or more of the Websites without prior notice.

Intellectual Property Rights

The entire contents of the Websites are subject to copyright protection. You may not copy the contents of the Websites other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter the contents may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, reproduce, modify, adapt, display, perform, distribute, publish, create derivative works from, store, sublicense, translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit the Websites or their content without the express written consent of Abiomed.  Moreover, the limited authorization described above does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.  Abiomed reserves all rights not expressly granted in and to the Websites and the Websites’ content.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Abiomed, its affiliates or any third party. Abiomed prohibits the use of any Abiomed trademark, or any related graphic, as a “hot link” to any website unless approved by Abiomed.

ABIOCOR®, ABIOMED®, BVS 5000® and IMPELLA® are registered trademarks of Abiomed. All registered trademarks and unregistered trademarks are property of their respective owners.  The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.

Prohibited Conduct

You agree that you will not use any Website for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use any robot, spider, scraper, automated scripts or other automated means to access the Websites or content or services provided on the Websites for any purposes.  You shall not attempt to make the Websites unavailable through denial-of-service attacks or similar means or use the Websites in a manner that could damage, disable, or impair the Websites.

Links

This Websites contain links to other websites. Abiomed is providing these links to you only as a convenience, and the inclusion of any link does not constitute an endorsement, approval, or guarantee of the accuracy of the contents of the linked website, including any of the opinions or predictions of financial analysts regarding Abiomed or its securities. We do not review or control the content of third party sites and that content is not part of our Websites. We urge you to use discretion when you access any third party sites linked to our Websites.

Unless otherwise set forth in a written agreement between you and Abiomed, you must adhere to

Abiomed’s linking policy as follows: (i) any link to a Website must be a text only link clearly marked “Abiomed WEB SITE,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Abiomed’ names and trademarks, (iii) the link must “point” to www.protectedpci.com and not to other pages within the given Website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Abiomed, (v) when selected by a user, the link must display the Web site on full-screen and not within a “frame” on the linking website, and (vi) Abiomed reserves the right to revoke its consent to the link at any time and in its sole discretion.

SEC Filing Links

We have provided links to our filings with the U.S. Securities and Exchange Commission for informational purposes only, and not for trading or investment purposes. We do not guarantee the sequence, accuracy or completeness of any information or data displayed through these links.

We do not assume any duty of disclosure and expressly disclaim any duty to update information set forth in our filings with the SEC. The reader should note that our periodic reports filed with the SEC include disclosure of certain factors that may affect our future performance. Individual statements appearing in our SEC filings should be read with and in the context of the complete documents in which they appear and any materials incorporated into those documents by reference rather than as stand-alone statements.

Disclaimers/Limitations

THE CONTENT ON THE WEBSITES IS PROVIDED “AS IS,” AND ABIOMED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ABIOMED MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE WEBSITES WILL BE AVAILABLE ON A CONTINUOUS BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE WEBSITES WILL BE TIMELY, AVAILABLE, USEFUL, COMPLETE OR ERROR FREE. EACH USER ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS TO AND USE OF THE WEBSITES.

WE DO NOT WARRANT THAT THE FUNCTIONS OR INFORMATION CONTAINED IN OR ACCESSED THROUGH THE WEBSITES ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THE WEBSITES OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ABIOMED IS NOT RESPONSIBLE FOR THOSE COSTS.

THE MATERIALS ON THE WEBSITES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. ABIOMED MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITES OR THEIR MATERIALS. ALTHOUGH WE INTEND TO UPDATE THE CONTENT OF OUR WEBSITES PERIODICALLY, WE DO NOT HAVE A DUTY TO DO SO, AND WE WILL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION.  YOUR USE OF AND ACCESS TO THE WEBSITES AND THEIR MATERIALS IS AT YOUR OWN RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES.  CHANGES CAN AND WILL BE MADE TO THE WEBSITES AND MATERIALS AND AT ANY TIME. ABIOMED ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT OF THE WEBSITES, NOR FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OR INACCURACY CONTAINED IN ANY INFORMATION WITHIN THIS WEBSITE OR ACCESSED THROUGH THE WEBSITES.

IN NO EVENT SHALL ABIOMED, ITS AFFILIATES, SUPPLIERS, AGENTS, COLLABORATORS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SAVINGS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE RELIANCE ON, USE OF, ACCESS TO OR INABILITY TO USE OR ACCESS THE WEBSITES OR THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ABIOMED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ABIOMED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Stock Price Disclaimer

The stock price performance shown on stock quotes available on or through the Websites are not necessarily indicative of future price performance. All content is for informational purposes only and no content (including without limitation, stock quotes or company information) is intended to be relied upon for trading or investment purposes. Abiomed will not be responsible for any trading or investment decisions made based on such content.  Neither the Websites nor the information contained herein constitutes or is intended to constitute an invitation or offer to invest or deal in the securities of Abiomed.

Securities Laws

This Websites may include forward looking statements that involve risks and uncertainties concerning Abiomed’s operations, prospects, strategies, financial condition, future economic performance and demand for Abiomed’s products or services, as well as its intentions, plans and objectives, that are beyond its control. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond Abiomed’s control. When used on the Websites, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. None of the information contained at the Websites is intended to be, and shall not be deemed to be, incorporated into any of Abiomed’s securities filings or documents. Abiomed wishes to caution the reader that actual results may differ from those discussed in the forward-looking statements and may be adversely affected by, among other things, risks associated with other factors described in Abiomed’s filings with the Securities and Exchange Commission.

Indemnity

You agree to defend, indemnify, and hold harmless Abiomed, its affiliates, officers, directors, employees, contractors, suppliers, agents and other representatives, from and against any liabilities, damages, demands, settlements, claims, actions, costs and expenses, including without limitation reasonable legal and accounting fees, in connection with or resulting from your use of the Websites or the materials at the Websites (including software) or your breach of these Terms of Use. Abiomed shall provide notice to you reasonably promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.  Abiomed may, if necessary, participate in the defense of any claim or action at your expense and any negotiations for settlement. Abiomed reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder. Upon learning of a claim by a third party that your use violates or allegedly violates a third party's rights, you agree to promptly notify Abiomed of any such claim. You agree to cooperate with us as reasonably required in the defense of any such claims, and you shall not in any event settle any such claim or matter without the written consent of Abiomed.

Submissions of Information

Certain areas of the Websites enable you to submit e-mails, or otherwise provide feedback or information to Abiomed.

You agree that by submitting content:

  • That, if you are a healthcare professional, you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorizations to disclose;
  • You will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer;
  • You understand and agree that such content that is submitted will be deemed non-confidential; and
  • You grant to Abiomed the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media and waive any moral rights you may have in such content. By submitting the information through the Websites, you assign Abiomed, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. Subject to all applicable federal laws, Abiomed shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.
Resume Submission

Abiomed allows online submission of resumes in response to job postings on the Websites. Your personal information is subject to Abiomed’s Privacy Policy. You agree not to post any false or inaccurate biographical information. Recruiters representing candidates may not send candidates’ resumes in response to job postings on the Websites. There is a risk that your resume may be lost or intercepted by a third party if you submit it to Abiomed through the Websites. Abiomed cannot be held responsible for any loss arising from the transmission or use of resumes obtained through the Websites. In addition, Abiomed may contract with a third party service provider to host the resume submission page.

Information About You and Your Visits to the Websites

All information submitted to and collected by the Websites, including but not limited to personally identifiable information, is treated in accordance with the Abiomed’s Privacy Policy.  You agree that you have read, understood and accept the terms of Abiomed’s [hyperlink to Privacy Policy]. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Websites.

Security

You should be aware that the Internet is not secure. If you choose to send any electronic communications by means of the Websites, you do so at your own risk. Abiomed does not guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient securely.

No Medical Advice

The Websites may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. Abiomed is not engaged in rendering medical or similar professional services or advice via the Websites, and the information provided is not intended to replace medical advice offered by a physician. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other healthcare professional.

U.S. Residents

The Websites and their contents are intended to comply with the laws and regulations in the U.S. and are intended for use primarily by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S.  If you are a non-U.S. resident you are responsible for compliance with local laws and regulations.  Abiomed reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide.  Any references to products or services on the Websites do not imply that Abiomed intends to announce or offer these products or services in your country.

Choice of Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to any conflict of law provisions thereof. Any action related to these Terms of Use shall be brought only in the state courts of and federal courts in the Commonwealth of Massachusetts and all parties waive any objection to the personal jurisdiction of and venue in such courts.  In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern.

Severability/Waiver/Entire Agreement

If any of these Terms of Use shall be deemed to be invalid, void, illegal or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.  The failure of Abiomed to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in any that or any instance.  The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Abiomed regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites.

BY ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND UNDERSTAND AND AGREE TO THEM.

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