Orqis Medical Web Site — Terms of Use

IMPORTANT NOTICE — PLEASE READ THESE TERMS INCLUDING OUR PRIVACY STATEMENT OF USE CAREFULLY BECAUSE BY USING OUR SITE, YOU ARE UNCONDITIONALLY AGREEING THEY CONSTITUTE A LEGALLY BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND US REGARDING USE OF OUR SITE.

THE CONTENT YOU MAY OBTAIN OR HAVE ACCESS TO WHEN YOU USE OUR SITE IS FOR PERSONAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. SITE INFORMATION IS NOT MEDICAL ADVICE AND SHOULD NOT BE USED FOR MAKING A DIAGNOSIS OF ANY HEALTH, FITNESS OR MEDICAL CONDITION OR EVALUATING THE RISKS AND BENEFITS OF ANY COURSE OF TREATMENT OR OF TAKING ANY PARTICULAR MEDICINE. YOU SHOULD ALWAYS CONSULT YOUR PERSONAL MEDICAL, HEALTHCARE AND PROFESSIONAL ADVISORS BEFORE USING OR ATTEMPTING TO USE ANY INFORMATION YOU OBTAIN USING THIS SITE.

FURTHER DISCLAIMERS AND INFORMATION YOU MUST BE AWARE OF WHEN USING OUR SITE ARE BELOW AND YOU SHOULD READ THEM CAREFULLY AND CHECK BACK FREQUENTLY SINCE THESE MAY CHANGE AT ANY TIME.

This Web site, including all web pages, any replacement, substitute or backup Web sites and Web pages, controlled, owned or operated by or on behalf of Orqis Medical Corporation ("Orqis," "we" or "us") will be referred to as the "Site." The Site may also contain links to additional terms which may apply to you and form a part of your agreement with us.

1. Use of Our Site

2. Content

The term "Content" refers to, without limitation, all information, data, designs, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of our Site, including, without limitation, the selection, sequence, the 'look and feel' and arrangement of items, and all trademarks, service marks and trade names, and are the property of Orqis, its affiliates, licensors or suppliers and are legally protected, under U.S. Federal and State, as well as applicable foreign, laws, regulations and treaties. When we use the term "Site" we also mean and include any and all of its Content.

The Contents on this Site (including, but not limited to, the information, images and product names), are protected by U.S. Federal and State laws and regulations and international treaties, including applicable copyright and trademark laws. All product names, logos and marks displayed on the Site identified by ™ or ^® symbols are registered or unregistered trademarks owned or licensed to Orqis or its affiliates or are the intellectual property of others and are either being used with permission or are used for educational and informational purposes only. You may freely browse the Site and download, print and make one copy of the Content solely for your personal, non-commercial use, provided you retain all proprietary and other notices. You may not otherwise copy, redistribute, republish, transmit, modify, alter or use any Content, including any marks, names or logos, without Orqis' express written permission. Except as provided above, nothing contained in this agreement or elsewhere on the Site shall be construed as conferring to you any license or right under any patent, trademark, copyright or other property of Orqis or any third party and unauthorized or prohibited use, including a violation of the terms of this agreement, may subject you to civil liability or criminal prosecution.

3. No Medical Advice

No generally available information, including the Content on this Site, can possibly cover all possibilities, nor take into account your personal circumstances and condition. The Content on this Site is provided solely for your personal educational and informational purposes and is not, and is not intended or recommended as, a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment.

4. Modifications

We reserve the right, at any time and from time to time, for any reason in our discretion, to change this Site and/or the terms of this agreement. We will post or display notices of changes on our Site. Once we post them on our Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by them. You should check back frequently and review this agreement regularly so you are aware of the most current rights and obligations which apply to you and the terms and conditions of your agreement with us. We also reserve the right to suspend operation temporarily or even terminate or discontinue the Site completely at any time for any reason, without notice to you.

5. Hyperlinked Sites; Advertisements

Our Site may contain hypertext links and references to Web sites, information or materials of other companies and entities ("Hyperlinked Sites"). We do not review these Hyperlinked Sites and are not responsible for them or their information or content in any way, nor and your use of any Hyperlinked Sites is governed by whatever terms and conditions the owners or operators choose to impose, not us. We neither monitor, nor attempt to verify or evaluate the truth, accuracy or timeliness of anything on these Hyperlinked Sites and simply because we provide a Hyperlinked Site for reference or informational purposes, you should not rely upon them, nor assume we have evaluated them, surveyed them or even represent they have information which may be useful to you. If you use a Hyperlinked Site and/or obtain any information, service and/or product from a Hyperlinked Site, you do so at your own risk. We accept no responsibility or liability for, and make no representations or warranties whatsoever with respect to, any Hyperlinked Site, including, but not limited to, with respect to a Hyperlinked Site's availability, the accuracy of its content and/or any information, goods and/or services accessed via a Hyperlinked Site.

Our Site may contain advertisements, references and links to other sites and companies. We may use third parties to display or provide advertising and our web-based publications. These companies may use technology to measure advertising effectiveness and you should understand that different rules apply to your information, within their control and not ours, even if we have a relationship with the third party. We do not control those sites or their policies regarding information and you should inquire directly of them in this regard.

6. Personal and Other Information

You may elect to provide Orqis with certain personally identifiable, non-public information, when, among other things, you register to receive e-mail updates. Personal information may include, but is not limited to, usernames, e-mail addresses and any additional information we may request and you choose to provide and we refer to this, individually and collectively as "Personal Information". We do not collect or compile Personal Information for dissemination or sale to third parties for consumer marketing purposes, and we do not do host mailings on behalf of third parties. Personal Information will be subject to our Privacy Statement, which may be viewed by either clicking on the links in this text or pointing your web browser to the URL address: http://www.orqis.com/privacy.php. Any other information which does not identify you personally that we collect regarding your use of our Site, whether simply by virtue of your browsing or for any other reason, is non-confidential and subject to our Privacy Statement. You agree that we and third parties may use, reproduce, display, alter and distribute non-Personal Information for any purpose. You will not provide use the Site in any way that violates, infringes or misappropriates any of our rights or any rights of any third party or that violates any law or regulation.

7. Limitations of Warranty, Liability and Remedy

NO ACTION SHOULD BE TAKEN BASED ON THE CONTENT OF OUR SITE AND YOU SHOULD ALWAYS CONSULT YOUR PHYSICIANS AND/OR APPROPRIATE HEALTH CARE PROFESSIONALS ON ANY MATTER RELATING TO YOUR HEALTH AND WELL BEING SINCE NO TWO INDIVIDUALS, NOR THEIR CIRCUMSTANCES OR HEALTH SITUATION ARE EVER IDENTICAL. ONLY A TRAINED AND QUALIFIED PHYSICIAN OR HEALTH CARE PROFESSIONAL WITH WHOM YOU CONSULT CAN ADVISE YOU WITH RESPECT TO YOUR PERSONAL HEALTH STATUS AND ANY COURSE OF TREATMENT OR CONDUCT. NO CONTENT IS INTENDED AS SPECIFICALLY APPLICABLE TO ANY INDIVIDUAL'S MEDICAL PROBLEMS, CONCERNS OR NEEDS, NOR IS CONTENT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. CONTENT PRESENTED ON OUR SITE IS BELIEVED TO BE ACCURATE, BUT YOU SHOULD NOT RELY ON ANY CONTENT FOR YOUR HEALTH CARE NEEDS OR CONCERNS. Orqis CANNOT AND IS NOT LIABLE OR RESPONSIBLE IF YOU FAIL TO CONSULT WITH YOUR PHYSICIAN AND APPROPRIATE HEALTH CARE PRACTITIONERS OR FOR ANY USE OR MISUSE OF CONTENT. IF YOU CHOOSE TO UTILIZE ANY INFORMATION PROVIDED ON OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE AND GUIDANCE OF A LICENSED PHYSICIAN AND QUALIFIED HEALTH CARE PROVIDERS BEFORE STARTING, STOPPING OR ADJUSTING ANY TREATMENT OR MEDICATION YOU ARE USING.

THE SITE AND CONTENT ARE PROVIDED BY Orqis ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT GUARANTEE AVAILABILITY OF THE SITE OR THAT CONTENT IS OR WILL BE COMPLETE, ACCURATE OR TIMELY. WE EXPRESSLY DISCLAIM ANY OBLIGATION OR DUTY TO UPDATE OR CORRECT THE SITE OR THE CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE OR ITS CONTENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, WITH RESPECT TO THE OPERATION OF THE SITE OR THE CONTENT. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM YOUR USE OF THE SITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OR ALL OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Orqis, OUR AFFILIATES, ANY OF OUR OR OUR AFFILIATES' DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, SUPPLIERS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE SITE OR THE CONTENT, OR ANY HYPERLINKED SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER Orqis OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED WITH RESPECT TO THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

8. Severability

If any term or condition of these Terms of Use shall be deemed to be invalid, void, illegal or unenforceable for any reason, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.

9. Governing Law and Jurisdiction

The Site is operated by or on behalf of Orqis and this agreement for adult residents of the United States, its territories and possessions, and this agreement, consisting of these Terms of Use, together with our Privacy Statement and any other rules, regulations, procedures and policies which we refer to and which are incorporated by this reference, contains the entire understanding and agreement between you and us and supersedes all prior or inconsistent understandings relating to the Site and your use of the Site. If any term or condition of this agreement is held illegal, invalid or unenforceable, this will not affect any other provisions. Any provision which must survive to allow us to enforce its meaning shall survive termination of this agreement. You agree that no action arising out of this agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). This agreement and your use of the Site is governed by, construed and enforced in accordance with the laws of the State of California applicable to contracts made, executed and wholly performed in California, and you agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of California and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. Even if it may be applicable, you agree with us to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF OUR SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.