These Terms of Use set out rules for visitors to this LivaNova Website ('Users'). The site is owned by LivaNova PLC.
The term "LivaNova" refers to the entirety of our business, including LivaNova PLC and any of its subsidiaries. LivaNova 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 Website. The use of this Website 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.
Forward-looking statements
This website may contain forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995, Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, as amended (the "Exchange Act"). These statements include, but are not limited to, LivaNova’s plans, objectives, strategies, financial performance and outlook, trends, the amount and timing of future cash distributions, prospects or future events and involve known and unknown risks that are difficult to predict. As a result, our actual financial results, performance, achievements or prospects may differ materially from those expressed or implied by these forward-looking statements. In some cases, you can identify forward-looking statements by the use of words such as “may,” “could,” “seek,” “guidance,” "outlook," “predict,” “potential,” “likely,” “believe,” “will,” “should,” “expect,” “anticipate,” “estimate,” “plan,” “intend,” “forecast,” “foresee,” or variations of these terms and similar expressions, or the negative of these terms or similar expressions. Such forward-looking statements are necessarily based on estimates and assumptions that, while considered reasonable by LivaNova and its management based on their knowledge and understanding of the business and industry, are inherently uncertain. These statements are not guarantees of future performance, and stockholders should not place undue reliance on forward-looking statements. Investors are cautioned that all such statements involve risks and uncertainties, including without limitation, statements concerning achieving a stronger future, driving sustainable growth and value to our shareholders, projected net sales, adjusted diluted earnings per share, cash flow from operations, capital expenditures, depreciation and amortization, advancing our growth, driving product launches and funding our equity investments, executing on our synergy targets and retaining our focus, energy and discipline as a company, and serving the needs of our customers and patients. Important factors that may cause actual results to differ include, but are not limited to: (i) risks related to reductions, interruptions or increasing costs related to the supply of raw materials and components and the distribution of finished products, including as a result of inflation and war and related to inflationary pressure; (ii) volatility in the global market and worldwide economic conditions; (iii) risks relating to COVID-19 and its variants around the world; (iv) non-U.S. operational and economic risks and concerns including the effect of changes in foreign exchange rates on quarterly operating results; (v) failure to retain key personnel, prevent labor shortages, or manage labor costs; (vi) changes in technology, including the development of superior or alternative technology or devices by competitors and/or competition from providers of alternative medical therapies; (vii) losses or costs from pending or future lawsuits and governmental investigations; (viiii) failure to develop and commercialize new products and the rate and degree of market acceptance of such products; (ix) failure to obtain approvals or maintain the current regulatory approvals for our products’ approved indications; (x) failure to comply with, or changes in, laws, regulations or administrative practices affecting government regulation of our products, including, but not limited to, U.S. Food and Drug Administration (“FDA”) laws and regulations; (xi) changes in customer spending patterns; (xii) failure to establish, expand or maintain market acceptance of our products for the treatment of our approved indications; (xiii) any legislative or administrative reform to the healthcare system, including the U.S. Medicare or Medicaid systems or international reimbursement systems, that significantly reduces reimbursement for our products or procedures or denies coverage for such products or procedures or enhances coverage for competitive products or procedures, as well as adverse decisions by administrators of such systems on coverage or reimbursement issues relating to our products; (xiv) failure to obtain or maintain coverage and reimbursement for our products’ approved indications and risks related to cost containment efforts of healthcare purchasing organizations; (xv) unfavorable results from clinical studies or failure to meet milestones; (xvi) risks relating to our indebtedness under the exchangeable senior notes, our revolving credit facility and our 2022 Term Facilities; (xvii) effectiveness of our internal controls over financial reporting; (xviii) changes in our profitability and/or failure to manage costs and expenses; (xix) fluctuations in future quarterly operating results and/or variations in sales and operating expenses relative to estimates; (xx) cyber-attacks or other disruptions to our information technology systems; (xxi) product liability, intellectual property, shareholder-related, environmental-related, income tax and other litigation, disputes, losses and costs; (xxii) protection, expiration and validity of our intellectual property; (xxiii) failure to comply with applicable U.S. laws and regulations, including federal and state privacy and security laws and regulations, and applicable non-U.S. laws and regulations; (xxiv) harsh weather or natural disasters, including as a result of climate change, that interrupt our business operations or the business operations of our hospital-customers or failure to comply with evolving environmental laws; (xxv) failure of new acquisitions to further our strategic objectives or strengthen our existing businesses; (xxvi) changes in tax laws and regulations, including exposure to additional income tax liabilities; (xxvii) changes in our common stock price; and (xxviii) activist investors causing disruptions to the business.
The foregoing list of factors is not exhaustive. You should carefully consider the foregoing factors and the other risks and uncertainties that affect the Company’s business, including those described in the “Risk Factors” section of Annual Reports on Form 10-K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K and other documents filed from time to time with the United States Securities and Exchange Commission by LivaNova.
We caution you not to place undue reliance on any forward-looking statements, which are made only as of the date of posting. The Company does not undertake or assume any obligation to update publicly any of the forward-looking statements on this website to reflect actual results, new information or future events, changes in assumptions or changes in other factors affecting forward-looking statements, except to the extent required by applicable law. If we update one or more forward-looking statements, no inference should be drawn that we will make additional updates with respect to those or other forward-looking statements.
The information on this website does not constitute medical or professional services advice
Please note that this website 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 website 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 livanova.
This site does not offer product for sale and availability of products
This website does not offer livanova 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 website does not constitute an offer or solicitation for public sale, purchase or acquisition of securities of any of the companies mentioned in this website, regardless of applicable jurisdiction or location. The information contained in this website should not be relied upon for the taking - or omitting to take - any investment decision. This website 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 website 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. Livanova 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
Livanova adopts all precautions it reasonably believes to be necessary to provide, on this website, correct and up to date - at the time of publication - information. All content in this website is therefore provided on an 'as is' and 'as available' basis. No warranties are provided by livanova in this regard. Livanova 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 website, livanova provides no guarantees or warranties as to the reliability, accuracy, quality, timeliness or completeness of information on this website, nor that the use of this website 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 website 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 livanova - even if advised of the risk thereof - shall not be liable for any damage resulting from the use - or failure to use - this website, including in relation to any and all warranties, contracts, torts, strict liability or other legal theory. This condition of use applies to livanova, its officers, directors, employees and suppliers mentioned in the website. 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.
Livanova's intellectual property rights
Marks and trademarks appearing on this website are the property of livanova and are protected by the laws of the united kingdom, the united states and other foreign laws. Prior permission from livanova is required for the use or reproduction of such intellectual property rights.
Users are advised that information on this website may be transferred solely for personal use and not for commercial purposes of any kind. Save where otherwise indicated in the website, users are permitted to make photocopies, printed copies, and to email or download portions of this website for personal use on the condition that every such copy contains an indication of the property rights in the copy held by livanova, 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 livanova in any manner without prior written permission from livanova. Any other use of this website or any part thereof is prohibited.
Links to this website
Through the present terms of use, users receive a non-exclusive, limited and revocable license to link to this website. Livanova 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. Livanova disclaims any and all liability for the contents or presentation of any site through which the present website is accessed through hyperlinks or equivalent. Similarly, livanova disclaims all liability for sites accessed through hyperlinks contained in this website. Any users that wish to insert a hyperlink in their own site to achieve access to this website must first obtain the prior permission of livanova by contacting corporate.communications@livanova.com. Livanova does not authorise users to use links through the use of so-called 'framing'. The use of this website - 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 website contains - for information and convenience purposes only - links to other websites of companies owned or controlled by livanova. These sites may contain information concerning products that are not available or authorized in your territory. Your use of sites not controlled by livanova is further subject to the terms of use or equivalent of those sites and livanova disclaims any liability in this regard, including in relation to any privacy policies of such sites.
User submissions
Livanova 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 website, such information will be considered as non-personal, non-confidential and non-proprietary (other than personal information as defined in livanova group's privacy statement ).
This website may also allow users to access online sources of information, fora, user-chat-services or the like. Livanova expressly disclaims any responsibility or liability for their content. Livanova reserves the right at any time and at its sole discretion to delete, move or edit - in whole or in part - any information submitted by users through this website. 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 livanova of the irrevocable right to use, copy, modify, publish, perform, transmit or display such information via any media in accordance with livanova's privacy statement. Users waive any moral rights to such information.
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, livanova'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 website, users agree to hold harmless and indemnify livanova against any and all liability for such harm.
Jurisdiction and venue
By using this livanova website, including any affiliated links, users agree that the laws of england and wales govern any and all disputes arising out of the use of this website without respect for its conflict of laws principles. The sole jurisdiction for resolution of any and all disputes with livanova arising in any way from the use of this website, is london, uk.
Links to other websites
This livanova website may contain links to websites operated by other parties. The linked sites are not under the control of livanova, and livanova is not responsible for the content available on any other internet sites linked to this website. Such links do not imply livanova's endorsement of material on any other site and livanova disclaims all liability with regard to your access to such linked websites. Livanova provides links to other internet sites as a convenience to users, and access to any other internet sites linked to this website is at your own risk.
Unless otherwise set forth in a written agreement between you and livanova, you must adhere to livanova's linking policy as follows: (i) any link to a livanova website must be a text only link clearly marked "livanova website," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with livanova's names and trademarks, (iii) the link must "point" to the root domain name of the livanova website and not to other pages within the website, (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 livanova, (v) when selected by a user, the link must display the website on full-screen and not within a "frame" on the linking website, and (vi) livanova reserves the right to revoke its consent to the link at any time and in its sole discretion.