Your use of this site is dependent upon your compliance with these terms and conditions. ATS cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate data provided by third-party contributors to this website or made available through resources linked to this website.
Acceptance of Terms and Conditions
By accessing and using this website (the "site"), you agree to follow and be bound by these terms and conditions. Your use of this site is dependent upon your compliance with these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use, or download materials from this site.
ATS Medical reserves the right to update or modify these terms and conditions at any time without prior notice and such updates or modifications are effective immediately after we post the changes on this site. Your use of this site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. These terms and conditions were last updated on January 10, 2007.
Copyrights and Trademarks
We or our licensors own all of the content on our site, including, without limitation, all software, services, products, resources, information, data, photographs, graphics, video and audio clips, text, images, typefaces, content and other materials (the "site content"). The site content is copyright © 2006, ATS Medical, Inc. All Rights Reserved, unless otherwise marked.
Content
The information on this website is largely related to products offered by ATS Medical, Inc. This information is for general educational purposes only. No information contained herein should be considered medical advice. Please consult your physician about any concerns or questions you may have.
You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any manner the site content, including text, graphics, source code, or software. You may not make any part of this site available as part of another web site whether by hyperlink framing on the Internet or otherwise. This site and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the site or its content. You may print and/or download portions of material (website publications) on pages in the site providing this information is solely for your own non-commercial use. You also must maintain any notices contained in the site content, such as all copyright notices, trademark legends, or other proprietary rights notices.
If you use the site or the site content in a way that is not clearly allowed by these terms and conditions, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this site.
Product Labeling
ATS Open Pivot® Mechanical Prosthetic Heart Valves are indicated for use as replacement valves in patients with a diseased, damaged, or malfunctioning native or prosthetic valve. Possible side effects for all valvular implants include, but are not limited to: regurgitation, thromboembolic phenomena, resistance to flow, infection, hemolysis, dysrhythmias, and prosthetic dehiscence or failure. Anticoagulation is recommended for patients with mechanical valve implants. Please see the physician’s manual for a full description of indications, contraindications, side effects, precautions, warnings, and instructions for use.
ATS 3f® Aortic Bioprothesis Valves are indicated for use in patients whose aortic valvular disease (aortic stenosis, aortic insufficiency, or a combination of the two) is sufficiently advanced to warrant replacement of their native valve with a prosthetic device. It is also intended for use in patients with a previously implanted aortic valve prosthesis that no longer functions adequately and requires replacement. In the latter case, the previously implanted prosthesis is surgically excised and replaced by the ATS 3f Aortic Bioprosthesis. Please see the physician’s manual for a full description of indications, contraindications, side effects, precautions, warnings, and instructions for use.
ATS Simulus™ Annuloplasty Rings and Bands are for use in those patients undergoing surgery of diseased or damaged mitral or tricuspid valves in whom the surgeon determines that the valve can be preserved by employing the appropriate surgical repair. The Annuloplasty Rings and Bands provide support for the mitral or tricuspid annulus and restrict expansion of the annulus. Please see the physician’s manual for a full description of indications, contraindications, side effects, precautions, warnings, and instructions for use.
ATS Medical® Thoracic Port System including ports and introducers are intended to aid the surgeon in minimally invasive approached to the thoracic cavity. The ATS Open Pivot® Robotic Mitral Valve Sizer Rings are intended to aid the surgeon in the selection of the appropriate sizes ATS Open Pivot® Mitral Heart Valve. Please see the physician’s manual for a full description of indications, contraindications, side effects, precautions, warnings, and instructions for use.
Enclose II® Anastomosis Device is intended for use by cardiac surgeons during coronary artery bypass grafting (CABG) procedures in place of partial occlusion clamps in ascending aortas free of atheromastous disease. Please see the physician’s manual for a full description of indications, contraindications, side effects, precautions, warnings, and instructions for use.
SurgiFrost®/FrostByte™ Surgical Ablation is intended for use by cardiac surgeons for the surgical treatments of cardiac arrthymias. Please see the physician’s manual for a full description of indications, contraindications, side effects, precautions, warnings, and instructions for use.
Submissions
ATS Medical does not want to receive confidential or proprietary information from you through this site. If you send us anything unsolicited, in the form of comments, suggestions, ideas, materials, concepts, questions or other information, these submissions and all the intellectual property rights contained therein shall be deemed and remain our exclusive property without any obligation to compensate you. You agree that we shall not be under any obligation whatsoever to return any unsolicited submissions from you. You hereby assign to us all of your rights and title (including intellectual property rights) in such unsolicited submissions. You agree that we shall be entitled to the unrestricted use of the unsolicited submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other provider of the unsolicited submissions. You agree that we shall not be required to treat the unsolicited submissions other than personal information covered by our Privacy Policy, as confidential.
Links
This site may contain links to other web sites. We provide the links to you only as a convenience. You acknowledge that we do not endorse and are not responsible for the content of such other sites. You further acknowledge that we are not liable for any loss or damage in connection with such other sites.
Modifications to Site
ATS Medical reserves the right to modify or discontinue this site or any portion of this site, temporarily or permanently, with or without notice to you, and is not obligated to support or update this site. ATS Medical shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue this site or any portion of this site. Unless explicitly stated otherwise, any new features that augment or enhance the current site shall be subject to these terms.
No Warranty and Warranty Disclaimer
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS SITE IN TERMS OF ITS ACCURACY, RELIABILITY, SUITABILITY OR OTHERWISE. FURTHERMORE, THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR EXPERIENCE OF THIS SITE. THIS SITE IS PROVIDED "AS IS" AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THOSE CONCERNING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE, WHATEVER ITS SOURCE, AND ALL USE OF (OR INABILITY TO USE) THIS SITE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR RELATED COMPANIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER TYPE OF DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE (OR INABILITY TO DO SO) OR YOUR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEBSITE IN ANY MANNER. YOU AGREE THAT OUR TOTAL LIABILITY FROM OR RELATED TO YOUR USE OF AND ACCESS TO THIS SITE, WHETHER THE FORM OF ACTION OR CLAIM IS IN CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE IS LIMITED TO THE PURCHASE PRICE OF ANY PRODUCTS AND SERVICES YOU PURCHASED FROM US IN THE APPLICABLE TRANSACTION. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS, OR ANY MATERIALS ACCESSED VIA ANY OTHER HYPERLINKED WEBSITE ARE EXCLUDED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Because some jurisdictions do not allow the exclusion of certain warranties or exclusions or limitations of liability for consequential or incidental damages, some of the above exclusions or limitations may not apply to you.
Jurisdiction And Governing Law
These terms and conditions are governed by and shall be interpreted under the laws of the State of Minnesota, U.S.A., notwithstanding its conflicts of law principles. All disputes or claims arising out of use of this site will be resolved in the Federal District Court for the District of Minnesota, Minneapolis, Minnesota.
Miscellaneous
If any provision of these terms and conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. Waiver by us of any breach under these terms and conditions shall not affect or impair our rights with respect to any subsequent breach of the same, similar, or of a different nature. Our failure to exercise or enforce any right or provisions of these terms and conditions shall not constitute a waiver of such right or provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site, the site content, or the terms and conditions must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions of use are for convenience only and have no legal or contractual effect. The provisions of the terms and conditions of use shall be binding on and inure to the benefit of both your successors and assignees and our successors and assignees.
Privacy Policy
Your privacy is very important to us. This Privacy Policy explains how we protect and use information that we gather through this website. This Privacy Policy was last revised on February 3, 2004. We may change this Privacy Policy without prior notice at any time and for any reason. By using the ATS website, you agree to this Privacy Policy. Please read our Terms of Use to understand the general rules about your use of this website. Except as written in any other disclaimers, policies, terms of use, or other notices on this website, this Privacy Policy and the Terms of Use are the complete agreement between you and ATS with respect to your use of this website. You may be subject to additional terms that may apply when you access particular materials in this website, or by following a link from this website.
Introduction
The information we receive, and how we use it, depends on what you do when visiting our website. How we collect and use your non-personal information (information that is not identifiable to you personally) differs from how we collect and use your personal information.
Non-personal Information
Non-personal information is information we collect through this website that does not identify you as an individual person. This is such as the type of web browser software you use (for example, Netscape Navigator or Internet Explorer), the name of the domain from which you access the Internet), the Internet address from which you linked to our website and so forth.
Like many websites, we may place a text file called a "cookie" in the browser files of your computer when you visit. The cookie may be stored on your computer's hard drive. The information that we collect using cookies is non-personal information. U.S. Government Information Bulletin (I-034) contains a good description of cookie technology at: http://www.ciac.org/ciac/bulletins/i-034.shtml. You may always decline our cookies if your browser permits, but some parts of our website may not work properly for you if you do so. We do not allow third parties to place cookies on our website.
What We Do With Non-personal Information
We will use non-personal information from you to help us make this website more useful to visitors. We also will use non-personal information for other business purposes. For example, we may use non-personal information in any or all of the following ways:
• To create reports for internal use to develop programs, products, services or content
• To customize the information or services that are of interest to you
• To share it with or sell it to third parties
• To provide aggregated traffic statistics and/or response rates to third parties
Personal Information
Personal information is information that can be used to identify you individually. Currently, the only way we collect this type of information through this website is when you knowingly and voluntarily give it to us, For example, in some places on this website you have the opportunity to provide personal information about yourself. For example, you may fill out an email form and use it to send personal information to us.
You also may choose to allow us to personalize your visits to the website, in which case we will ask you for certain personal information to make your visits to our website more helpful to you. When this information is combined with the non-personal information that we collect through cookies (described above), we will be able to tell that you have visited our website before and can personalize your access to our website. We may, for example, tell you about new features that we believe may be of interest to you.
How We Keep and Use Personal Information
We may keep and use personal information we collect from you through this website to provide you with access to this website. In addition, we may keep and use your personal information in any or all of the following ways.
• To respond to your requests and otherwise communicate with you
• To personalize your access to our website (for example, by telling you about new features that may be of interest to you)
• To develop records, including records of your personal information
• To contact you with information that might be of interest to you, including information about clinical trials and products and services of ours and others
• For analytical purposes and to research, develop and improve programs, products, services and content
• To remove your personal identifiers (your name, email address, social security number, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information.
• To enforce this Privacy Policy and other rules concerning your use of this website
• To protect our rights or property
• To protect someone's health, safety or welfare
• To comply with a law or regulation, court order or other legal process
Sharing Personal Information With Third Parties
ATS will not share your personal information collected from this website with an unrelated third party without your permission, except as otherwise provided in this Privacy Policy.
In the ordinary course of business, we will share some personal information with companies that we hire to perform services or functions on our behalf. For example, we may employ third parties to deliver information or other material that you request on this website.
We will may exchange or publish your personal information in conjunction with a corporate sale, merger, dissolution, acquisition or similar activity.
We also may release your personal information in response to a court order, subpoena, search warrant, law , regulation or other legal process. We may cooperate with law enforcement authorities in investigating and prosecuting website visitors who violate our rules or engage in behavior that is illegal or harmful to other visitors.
We may disclose your personal information to third parties if we feel that the disclosure is necessary for any of the following reasons:
• To enforce this Privacy Policy and the other rules about your use of this website
• To protect our rights or property
• To protect someone's health, safety or welfare
• To comply with a law or regulation, court order or other legal process
Please note: In addition to the ways that we may keep, disclose, and use information described in this Privacy Policy, we also may keep, disclose, and use personally identifiable information that you give us through this website in ways that we believe are consistent with FDA and other governmental guidance, directions, regulations, and laws.
If the Privacy Statement Changes
If we decide to make a significant change to our Privacy Policy, we will post a notice on the home page of our website for a period of time after the change is made.
Privacy on Other Websites
This website may contain links to other websites. We provide the links for your convenience, but we do not review, control, or monitor the privacy practices of websites operated by others. This Privacy Policy does not apply to any other website, including other ATS websites. We are not responsible for the performance of websites operated by third parties or for your business dealings with them. Therefore, whenever you leave this website we recommend that you review each website's privacy practices and make your own decisions regarding the adequacy of those practices.
Direct Contact With Website Visitors
We may contact you periodically by email, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you. We cannot guarantee that our emails communications will be secure from unauthorized interception.
Contacting ATS Medical
If you have questions or comments about these Terms of Use, the Privacy Policy or any of the content of this website, please use the Contact ATS feature at the bottom of your screen or contact us at:
ATS Medical, Inc.
3905 Annapolis Lane, Suite 105
Minneapolis, MN 55447 USA