Last Update: June 1, 2020
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.
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.
These 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’s names and trademarks, (iii) the link must “point” to the homepage of the Website 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 Website 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.
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.
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.
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
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.
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