AtriCure Terms and Conditions

Welcome to www.atricure.com, AtriCure, Inc.’s Global web site (the "Site"). Please carefully review these Terms of Use ("Agreement"). Your use of this Site constitutes your acceptance of this Agreement. If you do not agree to abide by all of the provisions contained in this Agreement, you must not use or access the Site.

AtriCure, Inc. (“AtriCure”) reserves the right to change the Agreement at any time at its sole discretion. The most current version of the Agreement can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Site. You should check the Site from time to time to review the then current Agreement because it is binding on you. Your continued use of the Site constitutes your acceptance of any changes to the Agreement.
 
This Agreement was last updated on January 22, 2007.

1. Scope

We control and operate this Site from the United States of America. If you are a non-U.S. resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any references to products or services on the Site do not imply that AtriCure intends to announce or offer these products or services in your country.

2. Privacy

Your use of the Site will be governed by AtriCure’s Privacy Policy [embed link]. By using the Site, you indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

3. Registered Users

AtriCure reserves the right to limit access to certain areas of the Site to medical professionals who register and meet the qualifications imposed by us. The resources provided in the Resource Library and certain other password-protected areas of this Site are specific to and intended for medical professionals who specialize in the medical specialties that we serve. When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete by emailing us at webmaster@atricure.com. We reserve the right to discontinue access to any restricted area of the Site at any time, without notice to you, for any reason.

4. Security

If you are or become a registered user, you are responsible for maintaining the confidentiality of your User ID and password, and you are fully responsible for all activities that occur under your password or account. If you become aware of unauthorized use of your User ID and password, you agree to immediately notify AtriCure.

 

AtriCure, Inc. (“AtriCure”) reserves the right to change the Agreement at any time at its sole discretion. The most current version of the Agreement can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Site. You should check the Site from time to time to review the then current Agreement because it is binding on you. Your continued use of the Site constitutes your acceptance of any changes to the Agreement.
 
This Agreement was last updated on January 22, 2007.

1. Scope

We control and operate this Site from the United States of America. If you are a non-U.S. resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any references to products or services on the Site do not imply that AtriCure intends to announce or offer these products or services in your country.

2. Privacy

Your use of the Site will be governed by AtriCure’s Privacy Policy [embed link]. By using the Site, you indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

3. Registered Users

AtriCure reserves the right to limit access to certain areas of the Site to medical professionals who register and meet the qualifications imposed by us. The resources provided in the Resource Library and certain other password-protected areas of this Site are specific to and intended for medical professionals who specialize in the medical specialties that we serve. When registering, you must fill in all mandatory fields with true, accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current and complete by emailing us at webmaster@atricure.com. We reserve the right to discontinue access to any restricted area of the Site at any time, without notice to you, for any reason.

4. Security

If you are or become a registered user, you are responsible for maintaining the confidentiality of your User ID and password, and you are fully responsible for all activities that occur under your password or account. If you become aware of unauthorized use of your User ID and password, you agree to immediately notify AtriCure.

5. Modifications to Site

AtriCure reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. AtriCure shall not be liable to you or any third party in the event that AtriCure exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to this Agreement.

6. No Medical Advice

The information on this Site is provided for general informational purposes only and is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment. 

We may also include certain information, reference guides and databases intended for use by licensed medical professionals. These tools are also provided for general informational purposes only, and are not intended to be professional medical advice, or advice on how to care for any individual patient or group of patients. Physicians and other health care providers should not rely on the information provided on this Site for patient diagnosis, treatment or care, and should always exercise their own medical judgment in their care and treatment of their patients.

7. Intellectual Property Rights

The entire content included in the Site, including without limitation, the text, design, graphics, interface, sounds, music, video, interactive features and the like and the selection and arrangement thereof ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to AtriCure, its affiliates or subsidiaries, and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. 

All Content on the Site is provided to you AS IS for your information and personal use only. You may download, view, copy and print Content, subject to the following conditions:
(a) the Content may be used solely for personal, informational, or internal business purposes; 
(b) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page; 
(c) the Content may not be modified or altered in any way; and 
(d) no graphics may be used separate from accompanying text.

Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express permission of AtriCure. Requests for such permission should be made to webmaster@atricure.com. Any rights not expressly granted herein are reserved. Please be advised that AtriCure enforces its intellectual property rights to the fullest extent of the law. 

Certain product, service, or company designations for companies other than AtriCure may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where AtriCure is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.

8. User Submissions

AtriCure is pleased to hear from visitors and welcomes your comments regarding the Site. Please be advised, however, that AtriCure and its employees do not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, marketing plans, or new product names. Please do not send your unsolicited ideas or any original materials to AtriCure or anyone at AtriCure. 

To the extent that you add, upload, transmit, post, communicate, or store any content on the Site or otherwise submit any content for use by AtriCure ("User Submissions"), you are solely responsible for all of the information, statements, facts, and material contained in such User Submissions. 
In connection with any User Submission you may submit, you agree not to transmit, distribute, post, communicate or store information or other material on, to, or through the Site that:
(a) is copyrighted, unless you are the copyright owner; 
(b) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; 
(c) reveals a trade secret, unless you own it; 
(d) contains falsehoods or misrepresentations that could damage AtriCure (its successors and assigns) or any third party; 
(e) is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by AtriCure, in its sole discretion; 
(f) is illegal or otherwise objectionable; 
(g) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes.

You understand that AtriCure does not guarantee that it will publish or maintain your User Submissions on the Site. AtriCure may remove User Submissions at any time, without prior notice and at its sole discretion. Moreover, AtriCure does not guarantee any confidentiality with respect to any User Submissions that you choose to add, upload, transmit, post, communicate or store on the Site or that AtriCure otherwise may receive from you. 

AtriCure does not claim ownership of your User Submissions. However, by adding, uploading, transmitting, posting, communicating, or storing such User Submissions on the Site or by otherwise submitting such User Submissions to AtriCure, you agree to and hereby grant AtriCure, its successors and assigns, and the operators of the Site a worldwide, non-exclusive, royalty free, perpetual, irrevocable, transferable, and sub-licensable license to use, edit, modify, copy, reproduce, distribute, transmit, broadcast, display, create derivative works of, publish, perform, adapt, and display such User Submissions on or in connection with the Site and for such other purposes as AtriCure (its successors and assigns) may deem appropriate, in all media formats and in all media channels now known or later developed. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.

9. Resume Submission

AtriCure may allow online submission of resumes in response to job postings on the Site. Your personal information is subject to our 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 Site. There is a risk that your resume may be lost or intercepted by a third party if you submit it to AtriCure through the Site. AtriCure cannot be held responsible for any loss arising from the transmission or use of resumes obtained through the Site. In addition, AtriCure may contract with a third-party service provider to host the resume submission page.

10. Prohibited Uses Generally

You agree not to:
(a) delete or revise any material or other information of any other user or AtriCure; 
(b) harvest or otherwise collect information about others, including e-mail addresses, without their consent; 
(c) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; 
(d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; 
(e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Site other than the search engine and search agents available from AtriCure on the Site and other than generally available third-party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); 
(f) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site; 
(g) solicit AtriCure members and guests to join outside sites or online services or organizations; or 
(h) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges.

You further agree not to violate or attempt to violate the security of the Site, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access; 
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or 
(c) attempting to interfere with service to any user, host, or network.

Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, AtriCure will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

11. Third-Party Content and Links to Third-Party Web Sites

The Site may provide links to other web sites operated by AtriCure as well as web sites operated by third parties. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. Third party links are provided merely as a convenience to you, and the inclusion of any link does not imply affiliation or endorsement by AtriCure. AtriCure does not review, monitor or check the accuracy of content published on third-party sites, and is not responsible for the availability of, and content provided on, third-party sites. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and AtriCure is not responsible for any loss or damage of any sort you may incur from dealing with any third party. Third-party web sites may contain information about uses of products that have not been approved or cleared by the U.S. Food and Drug Administration (“off-label uses”). AtriCure does not promote or endorse the off-label use of any of our products.

12. Linking Policy

In general, in the absence of any other agreement with AtriCure, you may link or hyper-link to the home page of the Site from your web site, subject to the following:
(a) you notify us by email at webmaster@atricure.com specifying the URL of each page from which you will be linking to our home page; 
(b) you do not frame the Site or any portion of the Site; 
(c) you do not deep link into the Site (i.e., you do not link into any page other than the home page); 
(d) the link or hyper-link to the Site is not used in a way that suggests that AtriCure endorses you or your web site; 
(e) the link is identified using a plain text rendering of the AtriCure name and not any trademark or AtriCure logo; 
(f) the link or hyper-link to the Site is not used or presented in any way that disparages AtriCure or tarnishes, blurs, or dilutes the quality of AtriCure's names or trademarks or any associated goodwill; and 
(g) you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.

13. Notice of Copyright Infringement

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide AtriCure’s Copyright Agent with the following information:
(a) identification of the copyrighted work claimed to have been infringed; 
(b) identification of the allegedly infringing material on the Site that is requested to be removed; 
(c) your name, address, and daytime telephone number, and an e-mail address if available, so that AtriCure may contact you if necessary; 
(d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; 
(e) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and 
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

AtriCure’s Copyright Agent for notice of claims of copyright infringement on the Site is Michael Rogge, Director of Marketing, who can be reached as follows: 

AtriCure, Inc. 
Attn: Michael Rogge 
6033 Schumacher Park Drive 
West Chester, Ohio 45069 

AtriCure will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

14. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ATRICURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ATRICURE MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. 
ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ATRICURE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION. 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATRICURE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

15. Stock Price Disclaimer

The stock price performance shown on stock quotes available on or through the Site 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. AtriCure will not be responsible for any trading or investment decisions made based on such Content.

16. Securities Laws

This Site may include forward looking statements that involve risks and uncertainties concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are beyond our control. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, 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. The Site and the information contained herein do not constitute an offer or solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities filings or documents. We wish 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 the our filings with the Securities and Exchange Commission.

17. Limitation of Liability

IN NO EVENT SHALL ATRICURE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE ATRICURE FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE 

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AtriCure has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, AtriCure’s liability in such jurisdictions shall be limited to the extent permitted by law.

18. No Resale of the Site

Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of AtriCure.

19. Indemnity

You agree to indemnify, defend and hold AtriCure, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys' fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of this Agreement.

20. Export Restrictions/Legal Compliance

AtriCure controls this Site from within the United Sates of America. You may not access, download, use or export the Site or the Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

21. Choice of Law and Forum

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its choice of law provisions. If there is any dispute between us concerning the Agreement or your access to or use of the Site, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be in Butler County, Ohio.

22. Termination

AtriCure reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Otherwise applicable sections of the Agreement shall survive termination.

23. No Waiver

The failure of AtriCure to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.

24. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AtriCure as a result of the Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and AtriCure and governs your use of the Site. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. 

AtriCure may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of AtriCure.

25. Contact Information

If you have any questions regarding this Agreement or the Site, please contact AtriCure at webmaster@atricure.com

Copyright © 2013 AtriCure, Inc. All rights reserved.