Last modified: Sept. 13, 2017
These Terms of Use (or “Terms”) are entered into between you and Cardiovascular Systems, Inc. and its affiliate entities (collectively, “CSI,” “we,” “us,” or similar terms) and constitute a legally binding agreement between you and CSI. “You,” “your,” and similar terms refer to you, the individual visiting or using this website, and any person on whose behalf you are using or visiting this website, and any person or entity that has rights through you. By using or visiting the website, you agree to these Terms of Use as well as to the terms of our Privacy Policy, including all updates and revisions to either document. You represent and warrant that you are at least 13 years of age. If you are between the age of 13 and 18, your parent or guardian must agree to these Terms of Use on your behalf.
We reserve the right to (i) update and modify these Terms of Use at any time by changing these terms and conditions, (ii) eliminate, modify or terminate the website in whole or in part, including any content on or features of the website, and (iii) terminate your right to use this website or any of its services at any time, for any reason or no reason. Your access or use of this website following any changes to the website constitutes your agreement to follow and be bound by the terms and conditions as changed. Therefore, you should review these Terms of Use and our Privacy Policy every time you visit or use this website. If you violate these Terms of Use, your authorization to use our website and all licenses granted terminates automatically and you may be liable for additional damages.
Not Medical Advice
If you think you are experiencing a medical emergency, you should not only rely on any information on this website and should call “911” or seek other appropriate medical assistance.
The information on this website is for your general educational information only and may not be appropriate or applicable for your individual circumstances. Health information changes quickly. You should seek medical advice from a qualified health care professional for any questions. This website does not provide medical, professional, or licensed advice and is not a substitute for consultation with a health care professional. Do not use this website for medical diagnosis or treatment. None of the content on this website represents or warrants that any particular device, drug or treatment is safe, appropriate or effective for you. CSI does not endorse any such content, including research, graphics, or testimonials, features on this website and you should not rely on any content as information for recommended or preferred treatment or therapy for any medical conditions.
No Endorsement of Health Care Providers
This website may provide a “Find a Doctor” feature or similar tool to help you locate a doctor, health care facility, or other provider that are experienced using CSI products (collectively “Health Care Provider”). Such features and tools are provided without cost to you and as a convenience only. CSI does not recommend or endorse any particular Health Care Provider listed within such a feature or elsewhere on this website. Further, contact or other information regarding a Health Care Provider may be incomplete, inaccurate, or out of date. The Health Care Providers that may be listed through the use of this feature on our website are not the agents, employees, or partners of CSI or any of CSI’s affiliates or subsidiaries. CSI does not control the clinical treatment provided by any such Health Care Provider, and CSI is not responsible or liable for any relationship between you and any Health Care Provider. You should conduct your own research before selecting a Health Care Provider. Although this website may include comments or endorsements from Health Care Providers regarding our products, we also do not endorse Health Care Providers providing an endorsement, comment or other content. In no event will CSI be liable to you for any direct, indirect, special, or other consequential damages arising out of the use or inability to use any Find a Doctor feature on our website, including, without limitation, any losses, damages, liabilities, or claims that may result from receiving care from a Health Care Provider whose name or other information appears on this website.
Copyrights and Trademarks
Subject to these Terms of Use, CSI grants you a nonexclusive, personal, nontransferable, revocable, and limited license to view the content of this website. The materials on this website, including all website design, text, graphics, information, trademarks, service marks, trade names, photographs, testimonials, videos, content or other materials displayed on or that can be downloaded from this website, belong to us or a third party licensor to us and are protected by the United States and international copyright and other intellectual property laws. You may e-mail, download, or print a reasonable number of copies of the materials on this website for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright, trademark, and other proprietary notices that are in the materials. You may not post material from this website on any other site without our prior written permission. You may not publish or broadcast material from this website without out prior written permission. You may not modify the information or materials located on this website in any way. You may not reproduce or publicly display, perform, or distribute or otherwise use any materials or information on this website for any public or commercial purpose. You may not remove, obscure, or otherwise deface proprietary notices appearing on any content, including copyright, trademark, or other intellectual property notices. All rights, title and interest in and to the website, including all content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein will remain with CSI and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the content available on the website or granting the foregoing licenses.
Trademarks, trade names, service marks, and logos used or displayed on this website are registered and unregistered trademarks, trade names, and service marks of CSI or a third party. Nothing in these Terms of Use grants or should be construed to grant, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written permission of CSI or such third-party owner.
Purchases on Website
If at any time CSI offers merchandise, clothing, or other goods or services for purchase directly through this website, CSI does not warrant or represent that the items will be available at any particular time. CSI may discontinue offering any goods or services at any time without notice. CSI or an applicable third party may require verification of information prior to acceptance and/or shipment of any order. You represent and warrant that in making these purchases, you will only provide accurate, complete, current, and truthful information as requested by CSI or an applicable third party. CSI is not responsible for errors in shipping information provided by you or for a non-secure ship-to location. We reserve the right, without prior notice to you, to change the pricing, descriptions, images, listing, or related information to any products or services offered on this website. We reserve the right to limit the order quantity on any product or services and/or refuse service to any customer.
You are solely responsible to ascertain and obey all applicable local, state, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any products or services purchased from this website.
Restrictions on Website Use
You agree to not use this website in any way not permitted by these Terms of Use. You agree (i) you will not attempt to access any part of the website to which access has not been explicitly granted to you; (ii) you will not take any actions that may interfere with operation of this website or the use of this website by other users; (iii) you will not violate or directly or indirectly enable another individual or entity to violate these Terms of Use; (iv) you will not violate any applicable laws and regulations; and (v) you will not attempt to modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the website.
Links to Other Websites
This website may contain links to websites that are not operated by us. These links are provided for your convenience and do not imply any endorsement of the material on these third-party websites. Since we do not control these websites, we are not responsible for their content. These third-party websites may contain information about uses of products or therapies that have not been approved or cleared by the Food and Drug Administration. We do not endorse any such “off-label” uses. These third-party websites may contain information that is inaccurate, incomplete, or outdated. You access and use these websites solely at your own risk. You should read the privacy policy and terms of use of any such site you visit.
Registering an Account
This website may offer you the voluntary opportunity to sign-up to receive emails, create an “account,” or similar actions (collectively, “create an account”). If you create an account on this website, you must represent and warrant that (i) you have the right and are authorized to provide the information you provide when you register for the account, (ii) the information you provide is accurate and truthful, and (iii) you will update any such information as necessary to keep registration information current and accurate. You are solely responsible for (i) maintaining the confidentiality of your account information and password, (ii) restricting access to such information or to your computer, and (iii) any activities that occur under your account or password. We may terminate or suspend access to your account in our sole discretion, at any time, for any reason or no reason. We may refuse to grant you a username, password, and/or domain name that impersonates someone else, is or may be illegal, or is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You agree not to transfer or resell your use of or access to the website to any third party.
Your Comments, Postings, and Ideas
This website may provide opportunities for you to post or submit your feedback, comments, ideas, or similar items. Any comments, ideas, or information that you submit through this website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy). You are solely responsible for the content you transmit or post, and we assume no responsibility or liability for any content submitted by you or any other visitor of our website. We may, but are not obligated to, monitor, review, remove, or respond to any such postings. You represent and warrant that (i) you have the right and are authorized to provide such information; (ii) such information does not violate applicable law or intellectual property rights of others; and (iii) such information does not contain malware, software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms of Use. You agree not to post any content that is unlawful, profane, defamatory, libelous, obscene, threatening, pornographic, indecent, lewd, harassing, harmful, invasive of privacy, or could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You understand and acknowledge that any information you post on a public forum, chat-page, or similar section of this website will not be confidential or anonymous. Therefore, do not transmit or post on this website any ideas, materials, content, or other information you would like to keep confidential for which you would like or expect acknowledgement or compensation. You agree you will not disclose any personal information, such as the name, phone number, or other personal information about you or another user. You agree you will not post any images or video with or of another user without their express permission. You agree your postings will only reflect your own experience, truthfully as you understand it. You agree you will not impersonate any person or use a false identity (the name of some other living person) although you may use a first-name only, nick-name, or pseudonym as long as you clearly identify as such.
If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this website, you hereby grant us a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free, irrevocable license to sue, reproduce, display, perform, modify, transmit, create derivative or collective works, and distribute them in any medium, in whole or in part, including all intellectual property rights therein, and agree that we are free to use them for any purpose.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides remedies for copyright holders who believe in good faith that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content or material on this website infringes a valid copyright owned by you, you (or your agent) may send CSI a notice requesting that the material be removed, or access to it blocked. This request should be sent to [email protected] or to: Cardiovascular Systems, Inc., Attn: DMCA Registered Agent, 1225 Old Highway 8 NW, St. Paul, MN 55112.
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 had a good faith belief that the 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 website should be sent to the address above.
Disclaimer of Warranties, Indemnification, and Limitation of Liability
This website is provided on an “as is,” “as available” basis without warranties of any kind. All access to this website is voluntary and at the sole risk of the user. CSI does not assume any responsibility and will not be liable for any damages or viruses that may infect your computer, telecommunications equipment, or other property caused by or arising from your access to, use of, or browsing this website or downloading any of its content. By visiting this site, you agree to defend, indemnify, and hold harmless CSI, our vendors and advertisers, and all of their subsidiaries, affiliates, officers, directors, employees, and agents (collectively “CSI parties”) from and against all claims, demands, damages, liabilities, judgments, and settlement, arising out of or related to your breach of these terms of use or your use or misuse of this website. Your sole remedy for dissatisfaction or problems with this website or any of its content is to stop using the website.
To the fullest extent possible pursuant to applicable law, this website disclaims all warranties, express, implied, or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, without limiting the foregoing, we do not represent or warrant that this website will be available at any particular time or location or that its operation will be uninterrupted or error free. We do not represent or warrant that the content of this site is free of viruses, worms, or other code that may manifest contaminating or destructive properties. Users are responsible for protecting themselves by installing, updating and running anti-virus programs. We do not warrant or make any representations regarding the use, validity, accuracy, currency or reliability of, or the results of the use of, or otherwise respecting this website or any information published on this website.
Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you, your use of this website is at your own risk. Under no circumstances, will this website, its affiliates or any of their respective directors, officers, employees, or agents, be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use this website or your reliance on any information provided on this website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether direct or indirect, general , special, incidental, consequential, exemplary or otherwise, arising under the theory of law, statute, regulation, or rule, including without limitation, loss of data, access, revenue or profits, or personal injury/wrongful death. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability, or any other bases and even if an authorized representative of this website has been advised of or should have known the of the possibility of such damages. The parties agree that the limitations in this section are an essential element of the basis of the bargain between you and CSI. The limitations in this section will apply even if any limited remedy fails of its essential purpose(s).
Some states do now allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of this website and/or its affiliates under such circumstances for liabilities that otherwise would have been limited will not exceed one hundred ($100.00) U.S. Dollars.
Governing Law and Statute of Limitations
This website is operated from within the United States (U.S.) and is intended for a U.S. audience. Any claims relating to, and the use of, this website are governed by the laws of the State of Minnesota. Subject to the Arbitration provision below, for any claim or action that may be submitted to any court, by using this website, you consent to personal jurisdiction in the federal and state courts of Minnesota, which will have exclusive jurisdiction for any action arising out of or relating to this website or your use of this website. We do not make any representations or warranties that any content or services on this website is appropriate or available outside the U.S. If you access or use this website outside U.S., you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access this website.
Before seeking arbitration or any legal remedy for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and give us 30 days to cure the harm before initiating any action. You must indicate any cause of action within six (6) months after the claim has arisen, or you will be barred from pursuing any cause of action.
Forward-Looking Statements Safe Harbor
Certain statements contained in this website may be forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 and are provided under the protection of the safe harbor for forward-looking statements provided by that Act. In some cases, you can identify forward-looking statements by the following words: “anticipate,” “believe,” “continue,” “could,” “estimate,” “expect,” “intend,” “may,” “ongoing,” “plan,” “potential,” “predict,” “project,” “should,” “will,” “would,” or the negative of these terms or other comparable terminology, although not all forward-looking statements contain these words. Forward-looking statements are only predictions and are not guarantees of performance. These statements are based on our beliefs and assumptions, which in turn are based on our interpretation of currently available information. These statements involve risks and uncertainties that could cause results to differ materially from those projected, including factors detailed from time to time in CSI’s reports filed with the Securities and Exchange Commission, including its most recent annual report on Form 10-K and subsequent quarterly reports on Form 10-Q. CSI encourages you to consider all of these risks, uncertainties and other factors carefully in evaluating forward-looking statements. As a result of these matters, changes in facts, assumptions not being realized or other circumstances, CSI’s actual results may differ materially from the expected results discussed in forward-looking statements. CSI undertakes no obligation to update any forward-looking statements to reflect subsequent events or circumstances.
No Class Actions
You agree to bring any claim or cause of action arising under or related to these Terms of Use, the website, or any dispute with CSI in your individual capacity, and not as a member or representative of any class or collective action.
Arbitration
CSI and you agree to submit any and all disputes arising from or related to the website and/or between you and CSI (including but not limited to any dispute regarding the interpretation, violation, invalidity, non-performance, or termination, of these terms of use) to final and binding individual arbitration. Such arbitration will be held in Minneapolis, Minnesota, before a single arbitrator, conducted under the rules of arbitration of the American Arbitration Association applying Minnesota law (without reference to its choice of law provisions). You explicitly consent and agree to this arbitration provision.
There may be more limited discovery in arbitration than in court. The arbitrator must follow these terms of use. This arbitration provision will survive termination of any agreement between you and CSI.
Notwithstanding the other elements of this section, nothing in this section will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to: (1) bring an individual action in a “small claims” court in Hennepin County, Minnesota, and both parties agree to such venue, or (2) to file suit in a court of law in Hennepin County, Minnesota, on an individual basis, to address intellectual property infringement claims.
The rules of the American Arbitration Association, as well as instructions on how to file an arbitration proceeding with the AAA are available at www.adr.org. The telephone number of the ADR is: 1-800-778-7879.
Your arbitrator fees and your share of arbitrator’s compensation or fees will be limited to those amounts set forth in the AAA’s consumer rules with the remainder paid by CSI. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in federal rule of civil procedure 11(B)), then the payment of all fees will be governed by the AAA rules. In such case, you agree to reimburse CSI for all sums and amounts previously disbursed by it that are otherwise your obligation to pay under the AAA rules, regardless of the manner in which the arbitration is conducted. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The arbitrator’s decision may be enforced in any court of competent jurisdiction.
If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and CSI will be finally settled under the rules of arbitration of the International Chamber of Commerce (The “ICC”) then in force (The “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC rules, as modified by these developer terms, and will be administered by the International Court of Arbitration of the ICC. Such arbitration will take place in Minneapolis, Minnesota, USA.
Website Accessibility
We are committed to providing meaningful access to the information and content on this website to individuals regardless of ability or disability. If you are having difficulty using the functionalities of this website please contact our customer service telephone number at 1-877-274-0901, or email us at [email protected].
Effective Date
The Effective Date of these Terms of Use is Sept. 13, 2017.
General
You may not assign any rights or obligations under these Terms of Use without CSI’s prior written consent. CSI may assign part or all of these Terms of Use. All sections of these Terms of Use which by their nature are designed to survive expiration or termination of these Terms of Use will survive. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and CSI, superseding any other agreement between you and CSI with respect to such subject matter. If any provisions of these Terms of Use are found to be unenforceable, the other provisions will still remain in full force and effect.
Notices
We may deliver notices to you by electronic mail, social media account or similar platform, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with us. You may deliver notice to CSI by using the Contact Us information.
Cardiovascular Systems, Inc.
1225 Old Highway 8 NW
St. Paul, MN 55112
651.259.1600
1.877.CSI.0360
[email protected]
