ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) AND OUR PRIVACY POLICY, WHICH IS PART OF THESE TERMS, CAREFULLY BEFORE USING THIS WEB SITE. ACCESSING ANY PART OF THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS IN FULL. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE AND LEAVE THE WEB SITE IMMEDIATELY.

This Web site (the “Site”) is operated by Atritech, Inc.

These Terms of Use were last updated on April 29, 2010. We may change these Terms of Use as well as the content of the Site at any time. Please review the Terms each time you visit the Site. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS.

HEALTH INFORMATION

This Site may contain information relating to various health conditions and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own physician or other medical professional.    Atritech does not practice medicine or provide medical services or advice.  You should not use the information contained in this Site for diagnosing a medical condition or disease. You should always consult your own physician and medical advisors.  If you think you may have a medical emergency, call your physician or 911 immediately.

COPYRIGHTS AND TRADEMARKS

The trademarks, service marks and logos displayed on this Site are registered and unregistered trademarks of Atritech.  The materials on this Site are copyrighted and any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws.  All of the content you see, hear or otherwise experience on the Site created or provided by Atritech (the “Atritech Content”) is intended solely for personal, noncommercial use.  No right, title or interest in any downloaded materials is transferred to you as a result of such use.  In making such personal, noncommercial use, you must retain all copyright and other proprietary notices contained in the original materials on any copies you make of the materials.  Except as stated above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Atritech Content, without first obtaining written permission from Atritech. Atritech reserves complete title and full intellectual property rights in any Atritech Content you use from this Site.

WATCHMAN® CLINICAL TRIAL

The WATCHMAN® Left Atrial Appendage Closure Technology is not for sale to the general public in the United States and is only available through approved clinical trial sites.  The System has not been approved for general use by the U.S. Food and Drug Administration (FDA).   All patients must be screened according to the Clinical Protocol and must sign the approved patient consent form prior to participation in the WATCHMAN® Clinical Trial.  Nothing herein is intended to modify or amend the patient consent form executed with participants, the Clinical Trial Agreement executed with clinics and physicians or the related Clinical Protocol.  Nothing herein shall be deemed to be a promise or guarantee of admission to the WATCHMAN® Left Atrial Appendage Closure Technology clinical trial.

USER SUBMISSIONS

Atritech welcomes your comments and suggestions. However, except for any personal information we may collect from you pursuant to our Privacy Policy, any material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications you transmit to Atritech (“User Submissions”) will be considered non-confidential and non-proprietary.  User Submissions shall become the exclusive property of Atritech and can be used by Atritech or its affiliates for any purpose without compensation to you.

RESTRICTIONS ON USE OF THE SITE

The use of web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Site is prohibited; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent.

In your use of the Site, you shall not post, transmit or submit any confidential, false, unlawful, infringing, threatening, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law.  You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site.  You may not obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site.  You may not post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Site.

Atritech believes in children’s online safety and does not wish to receive information regarding minors.  Therefore, you may not post or transmit any personally-identifiable information of a minor or information sufficient to locate a minor on the Site.

LINKS

Links from the Site lead to external resources (Web sites), which are maintained and hosted by third parties, over which Atritech has no control and is in no manner responsible.  Links to other Web sites are provided merely as a convenience to the users of this Site.  Atritech recommends that you read the terms of use and privacy policies of such external Web sites.  References on the Site to any names, marks, products or services of third parties or links to third party Web sites do not necessarily imply an endorsement, sponsorship or recommendation of the third party, information, product or service. Atritech makes no warranties, representations, or assurances about any Web site you may access through the Site and shall not be liable for any damages or injury arising from your use of that content.  If you decide to access any of the third party Web sites linked from the Site, you do so entirely at your own risk.

Third parties may link to the Site, but may not imply any sponsorship by or affiliation with Atritech unless they have entered a separate agreement signed by both Atritech and the third party.

ACCOUNT CREATION AND PASSWORDS

To access training materials on Watchman University, you must create an account.  When you create an account, we require you to submit certain information (see our Privacy Policy for further information).  As part of the account creation process, you will need to create a password.  Atritech recommends the use of strong passwords that include capital and lower case letters, numbers and symbols.  Atritech takes steps to protect your account information, as detailed in the Privacy Policy; however, it is your responsibility to ensure the security of your own password, internet connection and computer.

COPYRIGHT AND TRADEMARK NOTICE

The Atritech Content, including, for example, all page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trade dress, copyright and/or other intellectual property rights or licenses held by Atritech, by its affiliates or by third parties who have licensed their material to Atritech. The entire content of the Site is protected under U.S. copyright laws, and Atritech owns a copyright in the selection, coordination, arrangement and enhancement of the Atritech Content. ATRITECH, the Atritech Logo, WATCHMAN, and A DEVICE ALTERNATIVE TO WARFARIN THERAPY are trademarks of Atritech.

DISCLAIMERS

ALL INFORMATION ON THIS SITE IS PROVIDED "AS IS," AND ATRITECH MAKES NO REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, OR OTHERWISE, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ATRITECH SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, THE USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ATRITECH DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.  YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. ATRITECH MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SITE, OR ANY PRODUCTS OR SERVICES OFFERED OR REFERRED TO, ON THIS SITE FOR ANY PURPOSE. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO ANY FRAUDULENT MISREPRESENTATIONS MADE BY ATRITECH ON OR THROUGH THE SITE. ATRITECH SHALL NOT KNOWINGLY MAKE ANY SUCH MATERIAL MISREPRESENTATIONS.

LIMITATION OF LIABILITY

EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL ATRITECH OR ANY PERSON OR COMPANY ASSOCIATED WITH ATRITECH BE LIABLE TO YOU NOR WILL YOU BE LIABLE TO ATRITECH FOR ANY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, ORCONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING AS A RESULT OF NEGLIGENCE) NOR FOR DEATH OR PERSONAL INJURY WHICH HAS BEEN CAUSED OTHER THAN BY OUR NEGLIGENCE (AS SUCH TERM IS USED IN THE UNFAIR CONTRACT TERMS ACT 1977 (U.K) NOR FOR ANY DAMAGES RESULTING FROM LOST PROFITS, LOSS OF REVENUE, BUSINESS, OR OPPORTUNITY, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO OR FROM THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN RELATION TO DAMAGES CAUSED BY BREACH OF CONTRACT OR NEGLIGENCE, THE MAXIMUM LIABILITY OF ATRITECH TO YOU OR OF YOU TO ATRITECH IN RELATION TO THE USE OF THE SITE SHALL BE EQUAL TO THE TOTAL AGGREGATE AMOUNT PAID BY YOU TO ATRITECH OR TO ITS DISTRIBUTOR OR AGENT FOR GOODS AND SERVICES RELATING TO THE SITE, WHICH YOU PURCHASED WITHIN THE 12 MONTH PERIOD BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY. IN RELATION TO USERS OF THE SITE WHO HAVE THEIR MAIN PLACE OF RESIDENCE OR PLACE OF BUSINESS IN THE UNITED KINGDOM, THE LIMITATIONS ON LIABILITY SET OUT IN THE PARAGRAPH ABOVE SHALL NOT APPLY IN RELATION TO ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE NOR TO ANY LIABILITY FOR FRAUD. THIS LIMITATION IS FOR THE BENEFIT OF ATRITECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS SUPPLIERS MENTIONED ON THIS WEB SITE. NOTHING IN THIS LEGAL NOTICE SHALL EXCLUDE OR LIMIT ATRITECH'S LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Atritech, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against any claims, losses, expenses, damages, costs and attorney’s fees resulting from your misuse of the Site, including but not limited to any violation of these Terms, or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account; from any transaction you conduct as a result of the contact facilitated by the Site; or from your infringement of any intellectual property rights in any posting to or transmission via the Site.

SEVERABILITY

If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not impact the legality, validity or enforceability in that jurisdiction or any other jurisdiction of any other provision of these Terms.

APPLICABLE LAWS

This Site is controlled and operated from the United States of America.  The laws of the State of Minnesota will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.  Atritech makes no representations that materials on the Site or Atritech’s products are appropriate or available for use in other locations.  Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products over the Web.  Nothing herein should be construed as a solicitation or promotion for any product that is not authorized by the laws and regulations of the country where the viewer resides.

Last revised: April 29, 2010.