Last Revised: September 21, 2023
By accessing, browsing, submitting information to and/or using the Website, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to these Terms, please do not use the Website.
These Terms are incorporated by reference and should be read in conjunction with AtriCure’s (1) Privacy Notice and (2) California Privacy Disclosure.
The Website is provided solely for informational purposes and the purposes of enabling communication between you and AtriCure. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. AtriCure disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Website, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by AtriCure through the Website shall be handled in accordance with AtriCure’s Privacy Notice, which is hereby incorporated by reference.
The information provided on this Website is 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 Website should not be considered medical advice. None of the Content on this Website 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 your physician or other qualified health care provider regarding any medical condition or treatment.
This Website contains information about products and therapies approved and cleared for use in the United States, and is intended for a United States audience. If you live outside the U.S., you may see information on this Website about products or therapies that are not approved or marketed in your country.
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 Website for patient diagnosis, treatment or care, and should always exercise their own medical judgment in their care and treatment of their patients.
AtriCure grants you a non-exclusive right to access and use the Website and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with applicable laws.
You agree that you will not:
You further agree not to violate or attempt to violate the security of the Website, 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 may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, subject to the following:
You agree not to present any link to this Website in such a way that it is associated with advertising or appears to be an endorsement of any organization, product, or service. You agree that the link will not appear on a website that a reasonable person may consider is profane, obscene, libelous, defamatory, threatening, harassing, abusive, inflammatory, hateful, sexually-explicit, or otherwise objectionable or embarrassing to any other person or entity.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. We may also disable all or any social media features and any link at any time without notice in our sole discretion.
You acknowledge that your access and use of any third-party applications or software on our Website and Content (the “Third-party Applications”) is at your discretion and risk, and AtriCure has no liability to you arising from your use of the Third-party Applications. AtriCure hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold AtriCure harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with your use or performance of the Third-party Applications.
The Website and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website or Content in any manner, except as expressly permitted by AtriCure in these Terms. The Website and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of AtriCure or applicable owner.
Copyright. You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used without the written permission of AtriCure. AtriCure neither warrants nor represents that your use of materials displayed on the Website will not infringe the rights of third parties. Content, images, photographs, data, or illustrations displayed on the Website is either property of, or used with permission by, AtriCure. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Website. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. Nothing contained on the Website should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Website without the written permission of AtriCure or such third party that may own a trademark displayed on the Website. Your misuse of AtriCure’s trademark(s) displayed on the Website, or any other Content on the Website, except as provided herein, is strictly prohibited.
Your Content. Any Content you create or own or to which you have a license and use on the Website is Your Content. In sharing Your Content on the Website, you warrant and represent you have the legal right to use Your Content and grant AtriCure an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Website services as described in these Terms and in any posted policies on the Website. The Website services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require AtriCure systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Website. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, AtriCure or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Website should be made through our contact us form.
We make no claims that the Website or any of its contents are accessible or appropriate in every jurisdiction. Access to the Website may not be legal by certain persons or in certain countries.
EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY ATRICURE TO YOU VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. ATRICURE AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, ATRICURE AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT ATRICURE AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER ATRICURE NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. ATRICURE FURTHER MAKES NO WARRANTY THAT THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE TO YOUR EXPECTATIONS OR IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT ATRICURE, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEBSITE OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST ATRICURE FOR DISSATISFACTION WITH THE WEBSITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEBSITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN ANY CASE, ATRICURE’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO VENDOR FOR THE PLATFORM IN THE SIX (6) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER.
Your right to use the Website is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Website, without the express written consent of AtriCure. You may not access, download, use or export the Website or the Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
You agree to defend, indemnify and hold harmless AtriCure and its affiliates, directors, officers, employees, and/or agents (collectively, “AtriCure Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) that may be incurred by any of AtriCure Indemnitees arising out of or relating to Your Content, your violation of these Terms, your violation of any applicable laws, rules or regulations in connection with the Website, or from any other misuse of the Website. You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of AtriCure Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, AtriCure reserves the right to assume the exclusive defense and control of any proceeding that relates to AtriCure, the Website, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with AtriCure in our defense thereof.
At its sole discretion, AtriCure may require you to submit any disputes arising from use of the Website, or breach of these Terms, 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. By using the Website, you hereby consent to submission of any dispute to be final and binding arbitration.
Any cause of action or claim you may have arising out of or relating to these Terms 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.
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, and the federal laws of the United States. Any action or proceeding arising under or relating to these Terms 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.
The parties have required that these Terms and all documents related to these Terms be drawn up in English. As to any ambiguities resulting from translation from English to any other language, provisions in the English language shall be controlling in all respects.
AtriCure may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by AtriCure. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Website after any such change is communicated shall constitute your consent to such change(s).
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AtriCure as a result of these Terms or use of the Website. You may not assign these Terms without the prior written consent of AtriCure in all instances. AtriCure may assign these Terms, in whole or in part, at any time. AtriCure’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of AtriCure’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by AtriCure with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
These Terms, including the Privacy Notice and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and AtriCure with respect to the Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and AtriCure. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Questions can be directed to AtriCure at:
You may also write to us at: