These Terms of Use set out rules for visitors (‘Users’) to this MicroPort® CRM Website (the “Site”) The site is owned by Sorin CRM SAS. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not intend to agree to these Terms of Use or the Privacy Statement, you must not access or use the Site.

This Site is offered and available to Users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with MicroPort® CRM and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

The term “MicroPort” refers to the MicroPort® Cardiac Rhythm Management (“CRM”) business and any of its subsidiaries. MicroPort® reserves the right to amend these Terms at any time. Users are therefore invited to revisit these Terms of Use each time they visit the Site. The use of this Site implies acceptance of these Terms and Conditions in their entirety. If Users do not agree to follow and be bound to these Terms and Conditions, they may not access, use or download materials from this site.

THE INFORMATION ON THIS SITE DOES NOT CONSTITUTE MEDICAL OR PROFESSIONAL SERVICES ADVICE

Please note that this Site contains only general information about our products and services and how they can be used by patients. This information is provided ‘as is’ and ‘as available’, and changes rapidly, and is therefore provided for educational and information purposes only. This Site can never replace the need for patients to consult their health care service providers for diagnosis and treatment, including in relation to the products and services offered by MicroPort®.

THIS SITE DOES NOT OFFER PRODUCT FOR SALE AND AVAILABILITY OF PRODUCTS

This Site does not offer MicroPort® products for sale, and information is provided for general educational and information purposes only. Depending on where Users are located, you may view information that relates to products or treatments that are not available or authorized in your home country.

NO OFFER FOR SALE OR INVITATION TO INVESTORS

The information contained in this Site does not constitute an offer or solicitation for public sale, purchase or acquisition of securities of any of the companies mentioned in this Site, regardless of applicable jurisdiction or location. The information contained in this Site should not be relied upon for the taking – or omitting to take – any investment decision. This Site does not contain legal or financial advice. For a review of the current financial position of the companies mentioned herein, please refer to the consolidated accounts.

This Site contains “forward-looking statements” which, at the time made, were based on then-current reasonable assumptions and expectations made by company management of future events, performance and developments. If any of those underlying assumptions or expectations prove or have proven to be inaccurate or unknown or if risks or uncertainties materialize or have materialized, actual results could vary or already may have varied materially from the Company’s expectations and projections in these statements. These risks and uncertainties include general industry conditions and competition; economic conditions, such as interest rate and currency exchange rate fluctuations; technological advances and patents attained by competitors; challenges inherent in new product development, including obtaining regulatory approvals; domestic and foreign health care reforms and governmental laws and regulations; and trends toward health care cost containment. MicroPort® assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.

NO GUARANTEE OF ACCURACY OR COMPLETENESS AND NO WARRANTIES

MicroPort® adopts all precautions it reasonably believes to be necessary to provide, on this Site, correct and up to date – at the time of publication – information. All content in this Site is therefore provided on an ‘as is’ and ‘as available’ basis. No warranties are provided by MicroPort® in this regard. MicroPort® expressly disclaims all warranties of any kind, either express or implied, statutory or otherwise including the implied warranties of merchantability, fitness for purpose or non-infringement. While every effort is made to ensure the quality of the information provided in this Site, MicroPort® provides no guarantees or warranties as to the reliability, accuracy, quality, timeliness or completeness of information on this Site, nor that the use of this Site shall be uninterrupted or available or error-free. Users are further responsible for any and all precautions necessary for ensuring that any content obtained from this Site is free of viruses or similar computer code.

Some territories do not permit limitations or exclusions on implied warranties. As a result, one or more of the above limitations may not apply to you. Users agree that MicroPort® – even if advised of the risk thereof – shall not be liable for any damage resulting from the use – or failure to use – this Site, including in relation to any and all warranties, contracts, torts, strict liability or other legal theory. This condition of use applies to MicroPort®, its officers, directors, employees and suppliers mentioned in the Site. This limitation of liability shall apply to all losses including direct or indirect, special, exemplary, incidental, economic or punitive damages. The total liability of these parties – if any – shall in no circumstances exceed €200, save where such limit is expressly prohibited by applicable laws.

MICROPORT®’S INTELLECTUAL PROPERTY RIGHTS

Marks, trademarks, references to patents, designs, know-how and any other Intellectual Property protected right appearing on this Site are the property of MicroPort® and are protected by the laws of the European Union, the United Kingdom, the United States and other foreign laws. Prior permission from MicroPort® is required for the use or reproduction of such intellectual property rights.

Users are advised that information on this Site may be transferred solely for personal use and not for commercial purposes of any kind. Save where otherwise indicated in the Site, Users are permitted to make photocopies, printed copies, and to email or download portions of this Site for personal use on the condition that every such copy contains an indication of the property rights in the copy held by MicroPort®, and the exclusions of liability and guarantees and warranties appearing in these Terms of Use. Save as provided above, Users may further not display or use the logos or marks of MicroPort® in any manner without prior written permission from MicroPort®. Any other use of this Site or any part thereof is prohibited.

LINKS TO THIS SITE

Through the present Terms of Use, Users receive a non-exclusive, limited and revocable license to link to this Site. MicroPort® reserves the right to revoke such license at any time and at its sole discretion. If revocation occurs, Users must remove and – where applicable – disable any and all links to this site. MicroPort® disclaims any and all liability for the contents or presentation of any site through which the present Site is accessed through hyperlinks or equivalent. Similarly, MicroPort® disclaims all liability for sites accessed through hyperlinks contained in this Site. Any Users that wish to insert a hyperlink in their own site to achieve access to this Site must first obtain the prior permission of MicroPort® by contacting the e-mail address for contacts indicated at the end of these Terms of Use
MicroPort® does not authorize Users to use links through the use of so-called ‘Framing’. The use of this Site – or any portion thereof or link thereto – is prohibited in relation with any site that may reasonably be considered as obscene, vulgar, defamatory, unlawful in any manner, harassing, or offensive. This Site contains – for information and convenience purposes only – links to other Sites of companies owned or controlled by MicroPort®. These sites may contain information concerning products that are not available or authorized in your territory. Your use of sites not controlled by MicroPort® is further subject to the Terms of Use or equivalent of those sites and MicroPort® disclaims any liability in this regard, including in relation to any privacy policies of such sites.

USER CONTRIBUTIONS

MicroPort® values your opinion about this site, its contents and design, and how we may improve the information we provide to you. Users are reminded, however, that should they decide voluntarily to submit any information through this Site, such information will be considered as non-personal, non-confidential and non-proprietary (other than personal information as defined in MicroPort®’s Privacy Statement).
This Site may also allow Users to access online sources of information, forums, user-chat-services or the like, bulletin boards and other interactive features (the “Interactive Services”) that allow Users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. MicroPort® expressly disclaims any responsibility or liability for their content. MicroPort® reserves the right at any time and at its sole discretion to delete, move or edit – in whole or in part – any Users Contributions. All User Contributions must comply with the Content Standards set out in these Terms of Use.

By providing any User Contribution on the Site, you grant MicroPort® and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. Users agree:
Not to submit – in any manner whatsoever – any information that infringes applicable laws, that is obscene, offensive or otherwise inappropriate or that contains viruses or similar computer codes; and
Understand that any submitted information will be treated as non-confidential; that submission constitutes the grant to MicroPort® of the irrevocable right to use, copy, modify, publish, perform, transmit or display such information via any media in accordance with MicroPort®’s Privacy Policy.
Users waive any moral rights to such information.
• Users declare to own or control all rights in and to the User Contributions and have the right to grant the license granted above to MicroPort® and MicroPort® service providers, and each of their and our respective licensees, successors and assigns.
MicroPort® is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

MONITORING AND ENFORCEMENT; TERMINATION

MicroPort® has the right to:
• Remove or refuse to post any User Contributions for any or no reason in MicroPort® sole discretion.
• Take any action with respect to any User Contribution that MicroPort® deems necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for MicroPort®.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. USERS WAIVE AND HOLD HARMLESS MICROPORT® AND ITS LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, MicroPort® dos not undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, MicroPort® assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. MicroPort® has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

CONTENT STANDARDS

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable union, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by MicroPort® or any other person or entity, if this is not the case.

ACCESSING THE SITE AND ACCOUNT SECURITY

MicroPort® reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.
You must treat your username, password or any other piece of information that you use to access our site as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
• In any way that violates any applicable union, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the EU, the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate MicroPort®, a MicroPort® employee, another user or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm MicroPort® or users of the Site or expose them to liability.
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

SEVERABILITY AND CONTINUATION

In the event that any portion of these Terms of Use is declared inapplicable by a competent authority, the rest of the provisions shall remain applicable and in force to the full extent permitted by law. Users’ obligations under these Terms and Conditions, including in relation to sections NO GUARANTEE OF ACCURACY OR COMPLETENESS AND NO WARRANTIES, MicroPort®’s INTELLECTUAL PROPERTY RIGHTS and USER SUBMISSIONS, will survive the termination of these Terms and Conditions. If Users harm – in any manner whatsoever – third parties through their use of this Site, Users agree to hold harmless and indemnify MicroPort® against any and all liability for such harm.

JURISDICTION AND VENUE

By using this MicroPort® Site, including any affiliated links, users agree that the laws of France govern any and all disputes arising out of the use of this Site without respect for its conflict of laws principles. The sole jurisdiction for resolution of any and all disputes with MicroPort® arising in any way from the use of this Site, is Clamart, France.

LINKS TO OTHER SITES

This MicroPort® Site may contain links to Sites operated by other parties. The linked sites are not under the control of MicroPort®, and MicroPort® is not responsible for the content available on any other Internet sites linked to this Site. Such links do not imply MicroPort®’s endorsement of material on any other site and MicroPort® disclaims all liability with regard to your access to such linked Sites. MicroPort® provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Site is at your own risk.

Unless otherwise set forth in a written agreement between you and MicroPort®, you must adhere to MicroPort®’s linking policy as follows: (i) any link to a MicroPort® Site must be a text only link clearly marked “MicroPort® SITE,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MicroPort®’s names and trademarks, (iii) the link must “point” to the root domain name of the MicroPort® Site and not to other pages within the Site, (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 MicroPort®, (v) when selected by a User, the link must display the Site on full-screen and not within a “frame” on the linking Site, and (vi) MicroPort® reserves the right to revoke its consent to the link at any time and in its sole discretion.

Please direct your questions or comments related to these Terms of Use to : projectaxone@crm.microport.com