Terms of Use

Welcome to www.ActagainstAfib.com (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.

This Agreement was last updated on July 6, 2017. AtriCure reserves the right to change the Agreement at any time at its sole discretion. 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 WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

No Medical Advice

Much of the information on this Site discusses atrial fibrillation and products offered by AtriCure. This information is provided for general informational purposes only and is not intended or recommended as a substitute for professional medical advice. AtriCure does not practice medicine or provide medical services or advice and the information on this Site should not be considered medical advice. None of the content on this Site represents or warrants that any particular product or treatment is safe, appropriate or effective for you. Health information may change rapidly. Therefore, always seek the advice of a 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.

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.

Privacy

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

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.

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.

We also own the names we use for our products and services on this Site, and these names are protected by United States and foreign trademark laws. An ® following a name on our Site indicates that the trademark has been registered in the United States. A ™ following a name on our Site indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.

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 through our contact us form. 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.

Prohibited Uses Generally

You agree not to:
(a) use this Site or Content in any way not explicitly permitted by this Agreement or the text of the Site itself;
(b) delete or revise any material or other information of any other user or AtriCure;
(c) harvest or otherwise collect information about others, including e-mail addresses, without their consent;
(d) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
(e) 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;
(f) share any password assigned to or created by you with any third parties or use any password granted to or created by a third party;
(g) 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., Chrome, Safari or Firefox);
(h) copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use, provided that you reproduce all proprietary copyright and trademark notices;
(i) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site;
(j) solicit AtriCure members and guests to join outside sites or online services or organizations;
(k) 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; or
(l) directly or indirectly authorize anyone else to take actions not permitted under this Agreement.

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.

You also agree to comply with all applicable laws and regulations while using this site or the Content. You represent and warrant that you are at least 13 years of age, and that if you are between 13 and 18 years of age a parent and/or guardian agrees to this Agreement on your behalf.

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.

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. Your use of other websites is subject to the terms of use of those websites, including the privacy policies and other rules of those websites. 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.

Notice of Copyright Infringement – DMCA Notice

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this Site infringes a copyright owned by you, you (or your agent) may send AtriCure a notice requesting that the material be removed, or access to it blocked. This request should be sent to: DMCAAgent@atricure.com; or, alternatively to: AtriCure, Inc., Attn: DMCA Agent, 7555 Innovation Way, Mason, OH 45040.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) 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; and (f) 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 If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address above.

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.

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. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. 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.

Limitation of Liability

YOU AGREE THAT NEITHER ATRICURE NOR ANY COMPANY OR PERSON ASSOCIATED WITH ATRICURE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH,BUSINESS INTERRUPTION, OR 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 INABILITY TO ACCESS, OR USE OF OR INABILITY TO USE, THE SITE, MATERIALS 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.

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.

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.

Export Restrictions/Legal Compliance

AtriCure controls this Site from within the United States 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.

Governing Law, Submission to Jurisdiction and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its choice of law provisions, and the federal laws of the United States. Any action or proceeding arising under or relating to this Agreement shall be brought only in the courts of the State of Ohio, or, if it has or can acquire jurisdiction, in the United States District Court for the Southern District of Ohio. You consent to the exclusive jurisdiction of such courts (and the appropriate appellate courts) in any such action or proceeding and waive any objection to venue. Process in any action or proceeding referred to in the preceding sentence may be served on you anywhere in the world.

At AtriCure’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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, including without limitation sections entitled Modifications to Site; No Medical Advice; User Submissions; Prohibited Uses Generally; Third Party Content and Links to Third Party Sites; Linking Policy; Notice of Copyright Infringement – DMCA Notice; Disclaimer of Warranties; Limitation of Liability; and Choice of Law, Venue and Cure, shall survive termination.

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.

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 deliver notice to you by electronic mail, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with AtriCure. With the exception of notices to be sent to AtriCure’s DMCA Agent, as set forth in the section entitled “Notice of Copyright Infringement – DMCA Notice,” you may deliver notice to AtriCure by using the contact us feature.

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

Contact Information

If you have any questions regarding this Agreement or the Site, please contact us.