Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY

These Terms of Use describe rules for users of the Impella Connect online portal accessed at impellaconnect.com (hereinafter “IMPELLA CONNECT” or the “website”). IMPELLA CONNECT is designed to allow hospitals and approved hospital employees treating patients with the Impella® system to remotely access certain Impella-related data and information normally displayed in the hospital on the Automated Impella Controller (hereinafter “AIC”). IMPELLA CONNECT consists of the interrelationship among the AIC, the Remote Link Module, and this HIPAA-compliant website, through which data from the AIC can be accessed by approved physicians and select members of their treating staff. Access to this website can only be obtained via a password-protected portal. IMPELLA CONNECT and the Impella® system are owned and operated by:

ABIOMED, INC.
22 Cherry Hill Drive
Danvers, Massachusetts 01923

These Terms of Use were last updated on April 1, 2019. We may change these Terms of Use at any time. Please review the Terms of Use each time you use IMPELLA CONNECT. By using IMPELLA CONNECT, it means you accept the most recent version of the Terms of Use.

By viewing or using IMPELLA CONNECT, 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 using IMPELLA CONNECT.

ABOUT THE INFORMATION ON THE IMPELLA CONNECT WEBSITE

The information accessible via the IMPELLA CONNECT website is primarily intended for healthcare professionals who are treating patients with the Impella platform of heart pumps, including the Impella 2.5® device, the Impella CP® device, the Impella 5.0® device, the Impella RP® device, and the Impella LD® device. A variety of information is provided on this website.

  1. Product
    1. This information is provided as a convenience to our customers and is not intended to supersede the information provided in the documentation and training materials provided with the AIC and the Impella platform of heart
  2. Device
    1. Performance Information: Information about the operation, function, and use of the AIC and the Impella platform of heart pumps is provided to allow healthcare professionals to ensure that the Impella system is performing properly for each The performance of the Impella system is dependent upon its correct use in accordance with the most updated Instructions for Use manual. Should a customer require assistance, or experience an adverse event in connection with the use of the Impella system, customer should immediately contract the ABIOMED Clinical Support Center at 1-800-422-8666.
    2. Hemodynamic Information: A variety of hemodynamic information, which includes blood pressure measurements, hemodynamic measurements, and the rate of blood flow generated by use of the Impella System, is collected by IMPELLA CONNECT and made available to healthcare In addition, information may be entered by healthcare professionals about patients and collected by IMPELLA CONNECT. While the information provided by IMPELLA CONNECT is generally reliable, in some cases there may be inaccuracies or errors, and IMPELLA CONNECT should not be used as the sole source of information when making patient treatment decisions.

CONFIDENTIALITY OF INFORMATION AND PATIENT PRIVACY

The information provided on this website is intended for the confidential use of healthcare professionals who are treating patients with the Impella system. When using this website, you agree to protect this information with the same care you would take if the information was provided directly to you by the patient. Each user is provided a unique user ID and password to access the IMPELLA CONNECT website, with the intent of restricting access to information to that which is required to serve your patients. Only the user ID and password provided by ABIOMED may be used to access the web site. You agree not to share your user ID and password with anyone else, and to protect your password from disclosure.

OUR COPYRIGHTS AND TRADEMARKS

The materials on this website belong to or are licensed to ABIOMED. The materials are protected by United States and foreign copyright laws. There are some important rules about copying these materials. You may e-mail, download, or print copies of the materials on this website, but only as required to serve patients who are being treated with the Impella System. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.

We also own the names we use for our products and services on this website, and these names are protected by United States and foreign trademark laws. An ® following a name on our website indicates that the trademark has been registered in the United States. A ™ following a name on our web site indicates that it is an unregistered trademark. All trademarks are the property of their respective owners. There may be special rules for the use of materials provided on certain parts of this website. These special rules will be posted near the materials.

If you use the materials or trademarks on this website in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this website. Title to the materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved.

PROHIBITED CONDUCT

You agree that you will not use the 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 website or content or services provided on the website for any purposes.  You shall not attempt to make the website unavailable through denial-of-service attacks or similar means or use the website in a manner that could damage, disable, or impair the website.  As a condition of your use of the website, you warrant that you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use or reproduce or distribute any portions of the website.  You agree that Abiomed may, with or without cause, immediately terminate your access to the website without prior notice with or without cause.

LINKS TO OTHER WEBSITES

This website may contain links to websites not operated by ABIOMED. We provide these links for your convenience, but we do not review, control, or monitor the materials on any other websites. These websites may contain information about uses of ABIOMED products or therapies that have not been approved in the United States. We do not control or endorse this type of information. We are not responsible for the performance of those websites or for your business dealings with them. Your use of other websites is subject to the terms of use of those websites, including the privacy policies of those websites.

YOUR FEEDBACK, COMMENTS, AND IDEAS

While we are pleased to receive feedback, comments, and ideas from visitors to this website, we want you to understand that any information that you submit through this website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement). If you transmit any ideas, information, concepts, know-how, or techniques or materials to us through this website, you hereby grant ABIOMED an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute them in any medium, and agree that ABIOMED is free to use them for any purpose.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITES

All information submitted to and collected by the website, 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 Privacy Policy. This policy governs the collection, use and sharing of personal and non-personal information from you when using the website.

NO MEDICAL ADVICE

The website allows access to patient data and may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not medical 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 website, and the information provided is not intended to replace medical advice offered by a physician.

NO WARRANTIES

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. ABIOMED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ABIOMED MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, AVAILABILITY, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. ABIOMED MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

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 WEBSITE 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 WEBSITE OR THEIR MATERIALS. ALTHOUGH WE INTEND TO UPDATE THE CONTENT OF OUR WEBSITE 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 WEBSITE AND ITS MATERIALS IS AT YOUR OWN RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES.  CHANGES CAN AND WILL BE MADE TO THE WEBSITE AND MATERIALS AT ANY TIME. ABIOMED ASSUMES NO RESPONSIBILITY OR LIABILITY ARISING FROM THE CONTENT OF THE WEBSITE, NOR FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OR INACCURACY CONTAINED IN ANY INFORMATION WITHIN THIS WEBSITE OR ACCESSED THROUGH THE WEBSITE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER ABIOMED NOR ANY PERSON OR COMPANY ASSOCIATED WITH ABIOMED SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE, THE MATERIALS ON THIS WEBSITE, OR THE IMPELLA CONNECT TECHNOLOGY. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ABIOMED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS MENTIONED ON THIS WEBSITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL LIABILITY OF ABIOMED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL ABIOMED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEBSITE MATERIALS OR THE IMPELLA CONNECT TECHNOLOGY ARE EXCLUDED EVEN IF ABIOMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL ABIOMED, ITS AFFILIATES, SUPPLIERS, AGENTS, COLLABORATORS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE 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 WEBSITE 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.

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 website or the materials at the website (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.

OTHER RULES ABOUT THIS WEBSITE

In addition to the rules in these Terms of Use and the Privacy Policy, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this website, such as when you purchase enhanced services, or by following a link from this website. Please read our Privacy Policy to learn how we protect and use information that we gather through this website. Your obligations under this section and the sections called “Your Feedback,” “No Warranties,” and “Limitation of Liability” will survive termination of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to hold ABIOMED harmless against any liability for that harm. By using this website, you agree that the only proper jurisdiction and venue for any dispute with ABIOMED, or in any way relating to your use of this website, is in the state and federal courts in the Commonwealth of Massachusetts, U.S.A. The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Abiomed regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.

You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving ABIOMED or its affiliates, employees, officers, directors, agents, or suppliers. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles, and the federal laws of the United States.