Terms of Use
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.
Last Update: May 5, 2025
These Terms of Use apply to your use of our websites, including Abiomed.com, HeartRecovery.com, UnblockTheRoad.com and Impella.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. Johnson & Johnson and its affiliates reserves the right to revise any or all 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 May 5, 2025.
Johnson & Johnson and its affiliates 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. Johnson & Johnson and its affiliates 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, Johnson & Johnson and its affiliates expressly disclaims any obligation or duty to update or correct information contained on the Websites. Johnson & Johnson and its affiliates assumes no liability or responsibility for any errors or omissions in the content of the Websites. Johnson & Johnson and its affiliates 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 Johnson & Johnson and its affiliates may, with or without cause, immediately terminate your access to one or more of the Websites without prior notice.
Intellectual Property Rights
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
The Websites may provide links or references operated or content provided by third parties, but Johnson & Johnson and its affiliates have no responsibility for the content of such third-party sites or content and shall not be liable for any damages or injury arising from that site or content. Any links to third-party sites are provided as merely a convenient to the users of the Websites.
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
These 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 health care 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.
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 Privacy Policy located at: http://www.abiomed.com/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 health care 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 health care 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.
NPS-1528