Website Terms of Use

Acceptance of the Terms of Use

These Terms of Use (these “Terms”) are a binding contract between the individual using the Shockwave Medical website (“Website”) (together, “you” or “your”), and Shockwave Medical, Inc. (“Shockwave Medical”, “we”, “our”, or “us”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USE THE WEBSITE. BY USING THE WEBSITE, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, CAPACITY, AND AUTHORITY TO ENTER INTO (AND THAT YOU MEET ALL OF THE USER ELIGIBILITY REQUIREMENTS SET FORTH IN) THESE TERMS; AND (C) ACCEPT AND AGREE WITHOUT RESTRICTION TO BE BOUND BY AND TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.

These Terms contain provisions that, where permitted by law, limit our liability (including the “Disclaimer of Warranties” and “Limitation of Liability” sections below) or govern how Disputes (as defined in the “Dispute Resolution” section below) between you and us are resolved, including an agreement to arbitrate and a class action waiver (see the “Dispute Resolution” section below).

Changes to the Terms of Use

We reserve the right, without notice to you, to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all accessing and usage of the Website thereafter. However, any change to the dispute resolution provisions set forth in the “Dispute Resolution” section below will not apply to any Dispute of which the parties have actual notice prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to be bound by the changes. You should check this page each time you access the Website so that you are aware of any and all changes that may be made to these Terms. IF YOU DO NOT AGREE TO THE REVISED TERMS, YOU AGREE THAT YOUR ONLY REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.

Information about You

You may be asked to provide certain personal data, including your name, institution name, country, profession, and email address, (collectively, “Information”), in order to contact us or otherwise interact with us. You shall ensure that all Information you provide on or through the Website is correct, current, and complete. Any Information in electronic communications to this Website or otherwise collected via this Website is governed by our Privacy Policy.

Restrictions

You shall not, and you shall not permit or encourage any person or entity to, do any of the following:

• reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Website or any portion or copy thereof, except as set out in these Terms or as otherwise expressly permitted under applicable law;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive, view, access, use, or gain access to the source code of the Website, except to the extent expressly permitted under applicable law;
• remove, delete, alter, or obscure any trademark or any copyright, trademark, or other intellectual property or proprietary right notice from the Website, including any copy thereof;
• rent, lease, loan, lend, sell, license, assign, distribute, publish, transfer, or otherwise make available the Website, including any feature or functionality of the Website, to any person or device for any reason, whether voluntarily, by operation of law or otherwise, including by making the Website available on or through any network or otherwise making the Website capable of being accessed by more than one person or device at any time;
• access or use the Website for purposes of benchmarking, comparative, or competitive analysis of the Website (or any other product or service of ours or any of our affiliates), developing, using, or providing any product or service competitive with or intended to be competitive with the Website (or any other product or service of ours or any of our affiliates), or for any other purpose that is to our or any of our affiliates’ detriment or commercial disadvantage;
• use the Website in any way that (a) infringes, misappropriates, or violates any intellectual property, proprietary, or other right of any person or (b) violates or promotes the violation of any applicable federal, state, local, or international law, rule, or regulation (including any law regarding the export of data or software to or from the United States or any other country);
• use the Website to stalk, harass, threaten, or engage in predatory behavior toward another user or any other person;
• use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including such person’s ability to engage in any activity through the Website, or engage in any other conduct that restricts or inhibits anyone’s access to or use or enjoyment of the Website or which, as determined by us in our sole discretion, may harm us, any of our affiliates, or any user of the Website or expose any of the foregoing to liability;
• use any robot, script, spider, or other automatic device, process, or means to access the Website for any purpose, including text and data mining, monitoring or copying any content available on or through the Website;
• introduce to the Website any virus, trojan horse, worm, logic bomb, or other code or material that is malicious or technologically harmful or otherwise use any device, software, or routine that interferes or is designed to interfere with the proper working of the Website;
• attempt to gain unauthorized access to, interfere with, damage, disrupt, or otherwise interfere with the proper working of the Website, the server on which the Website is stored, or any server, computer, network, environment, or database connected to or used with the Website; or
• attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

If you access or otherwise use the Website in breach of these Terms, your right to use the Website will cease immediately and you must immediately cease all access to and use of the Website.

Reservation of Rights

All content of the Website is owned or controlled by Shockwave Medical, Inc. and is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way, except as expressly permitted under applicable laws.

Trademarks

The trademarks, service marks, trade names, trade dress and products on this Website are protected in the United States and internationally. No use of any of these may be made without the prior, written authorization of the owners of this site, except to identify the products or services of the company.

Feedback

You agree that any and all feedback, suggestions, improvements, comments and ideas you provide to us regarding or related to the Website (collectively, “Feedback”) is exclusively owned by us. You hereby irrevocably assign to us all right, title and interest in and to all Feedback.

Reliance on Content

We will use reasonable efforts to include up-to-date and accurate information on this Website, but make no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. We shall not be liable for any damages or injury resulting from your access to, or inability to access, this Website, or from your reliance on any information provided on this Website.

Third-Party Content

This Website may provide links or references to other sites but we have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Website.

Disclaimer of Warranties

THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND DEFECTS, WHETHER KNOWN OR UNKNOWN, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE (ON OUR OWN BEHALF AND ON BEHALF OF EACH OF OUR AFFILIATES) EXPRESSLY DISCLAIM (AND YOU HEREBY WAIVE) ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT, (B) REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE ACCURACY, COMPLETENESS, AVAILABILITY, TIMELINESS, USEFULNESS, OR RELIABILITY OF THE WEBSITE (INCLUDING ANY CONTENT), AND (C) REPRESENTATIONS AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET ANY OF YOUR REQUIREMENTS, ACHIEVE ANY RESULT, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEM, OR SERVICE, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARD, OR BE ERROR-FREE, THAT ANY ERROR OR DEFECT CAN OR WILL BE CORRECTED, OR THAT THE WEBSITE WILL BE FREE FROM ANY VIRUS, HARMFUL CODE, OR UNAUTHORIZED ACCESS. WE WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY VIRUS, HARMFUL CODE, UNAUTHORIZED ACCESS, OR THIRD-PARTY MATERIAL.

Limitation of Liability

IN NO EVENT WILL WE, ANY OF OUR AFFILIATES, OR ANY OF THE RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF ANY OF THE FOREGOING BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR THIRD-PARTY MATERIAL, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAW). UNDER NO CIRCUMSTANCE SHALL OUR MAXIMUM LIABILITY IN CONNECTION WITH THESE TERMS IN THE AGGREGATE EXCEED THE GREATER OF: (A) THE AMOUNT ACTUALLY PAID BY YOU SPECIFICALLY FOR THE WEBSITE; AND (B) $100.00. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY AND, SOLELY TO THE EXTENT NOT SO ALLOWED, SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You acknowledge and agree that the above exclusions and limitations of liability are reasonable in accordance with each of your and our obligations and level of risk under these Terms.

Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and the respective licensors, service providers, suppliers, officers, directors, employees, contractors, agents, successors, and assigns of each of the foregoing from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Website; or (b) your breach of these Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule of any jurisdiction.

Dispute Resolution

BINDING ARBITRATION AND DISPUTE RESOLUTION AGREEMENT FOR US RESIDENTS

PLEASE CAREFULLY READ THIS SECTION, WHICH CONTAINS AN ARBITRATION AGREEMENT. THIS AGREEMENT AFFECTS YOUR RIGHTS REGARDING ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR RELATING TO THE USE OR PROVISION OF THE WEBSITE.

• YOU AND WE AGREE TO SUBMIT ANY UNRESOLVED DISPUTES TO BINDING INDIVIDUAL ARBITRATION INSTEAD OF PROCEEDING IN A COURT, EXCEPT AS PROVIDED BELOW.
• YOU AND WE WAIVE CERTAIN RIGHTS AVAILABLE IN COURT.
• YOU WAIVE ANY RIGHT TO BE A CLASS MEMBER OR CLASS REPRESENTATIVE.

BINDING ARBITRATION AGREEMENT. ANY DISPUTE OR CLAIM ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT OR OTHERWISE) OR RELATING TO THE USE OR PROVISION OF THE WEBSITE SERVICES SHALL, TO THE EXTENT PERMITTED BY LAW, BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT THE CUSTOMER MAY INDIVIDUALLY ASSERT CLAIMS IN SMALL CLAIMS COURT IF CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED, AND RIGHTS TO APPEAL ARE MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AS A COURT. ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION’S CONSUMER ARBITRATION RULES, IF APPLICABLE, AND THE SUPPLEMENTARY PROCEDURES FOR THE RESOLUTION OF CONSUMER RELATED DISPUTES. THE ARBITRATOR CAN RESOLVE DISPUTES BETWEEN YOU AND WE ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS-WIDE BASIS. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. YOU AND WE ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE YOU AND WE EACH ARE WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS-WIDE ARBITRATION, PURPORTED CLASS ACTION LAWSUIT, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THIS ARBITRATION AGREEMENT DOES NOT PREVENT YOU OR WE FROM ENFORCING OTHER EXISTING ARBITRATION AGREEMENTS. THIS ARBITRATION AGREEMENT EXCLUDES WRONGFUL-DEATH CLAIMS AND PERSONAL-INJURY CLAIMS MANIFESTED BY PHYSICAL INJURY.

THIS ARBITRATION AGREEMENT DELEGATES TO THE ARBITRATOR ALONE, AND NOT ANY FEDERAL, STATE OR LOCAL COURT, OR ANY STATE OR LOCAL AGENCY, THE EXCLUSIVE AUTHORITY TO RESOLVE ALL DISPUTES RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT.

THE ARBITRATOR SHALL DECIDE WHETHER ARBITRATION HEARINGS SHALL BE HELD VIRTUALLY OR IN THE COUNTY WHERE YOU ARE DOMICILED.

NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING PUBLIC INJUNCTIVE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF MASSACHUSETTS. THE ARBITRATOR SHALL LACK THE AUTHORITY TO ISSUE ANY PUBLIC INJUNCTIVE RELIEF. IF THE CUSTOMER INITIATES ARBITRATION, THE CUSTOMER’S ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH IN AAA COMMERCIAL PROGRAM’S CONSUMER ARBITRATION RULES. EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, REGARDLESS OF WHO INITIATES ARBITRATION, WE WILL PAY THE CUSTOMER’S SHARE OF ARBITRATION FEES (NOT INCLUDING THE CUSTOMER’S ATTORNEYS’ FEES). IF THE ARBITRATOR RULES AGAINST US, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, WE WILL REIMBURSE YOU, REGARDLESS OF WHO INITIATED THE ARBITRATION, YOUR REASONABLE COSTS UP TO A MAXIMUM OF $5,000 AND REASONABLE ATTORNEYS’ FEES. IN ADDITION, IF THE ARBITRATOR RULES IN OUR FAVOR, WE WILL NOT SEEK REIMBURSEMENT OF OUR ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION.

It is important that you understand that by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action against the other party for claims that are covered by these Terms. Except to the extent that an appeal is permitted, the arbitrator’s decision will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.

For claims not required to be resolved by arbitration, each party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these Terms in the federal or state courts sitting in the State of California and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.
You may opt out of this Arbitration Agreement within 30 days after signing this Agreement by sending written notice by certified mail to:

Shockwave Medical, Inc.
Attn: Legal
5403 Betsy Ross Drive
Santa Clara, CA 95054
United States

Waiver and Severability

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Assignment

We may assign our rights and obligations under these Terms, without notice to you, including (a) to any of our affiliates, (b) to any party or its affiliate acquiring assets related to the Website or an equity or similar interest in us or any of our affiliates, or (c) in connection with the merger or other combination of us or an affiliate of ours with another entity. This agreement may not be assigned by you without our prior written consent.

No Third-Party Rights

Except for your indemnification and defense obligations, these Terms do not and are not intended to confer any right or remedy upon any person other than the parties hereto.

Entire Agreement

These Terms constitute the sole and entire agreement between you and us with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

Construction

For purposes of these Terms, the word “including” and words of similar import means “including, without limitation”.

Contact Us

The Website is owned or operated by:

Shockwave Medical, Inc.
5403 Betsy Ross Drive
Santa Clara, CA 95054
United States
privacy@shockwavemedical.com