TERMS OF USE

The following are terms of a legal agreement between you and InstaMed. By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this web site.

This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

All documents and information on any InstaMed web site are protected by copyright. Except as specifically permitted herein, no portion of the documents or information on this web site may be reproduced in any form or by any means without the express written consent of InstaMed.

Nothing on any InstaMed web site shall be construed as conferring any license under any of InstaMed's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.

Information may be changed or updated without notice. InstaMed may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

InstaMed shall not be responsible for any errors or omissions contained on any InstaMed web site, and reserves the right to make changes anytime without notice. InstaMed assumes no responsibility regarding the accuracy of the information that is provided by InstaMed and use of such information is at the recipient's own risk. InstaMed provides no assurances that any reported problems may be resolved with the use of any information that InstaMed provides. By furnishing information, InstaMed does not grant any licenses to any copyrights, patents or any other intellectual property rights. Mention of non-InstaMed products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by InstaMed. All InstaMed and third-party information provided on any InstaMed web site is provided on an "as is" basis.

INSTAMED DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY INSTAMED WEB SITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

InstaMed does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to InstaMed will be deemed NOT to be confidential. By sending InstaMed any information or material, you grant InstaMed an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that InstaMed is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. You can learn more about InstaMed's privacy practices on our web sites by viewing our Privacy Statement.

In no event shall InstaMed be liable for any damages whatsoever, and in particular InstaMed shall not be liable for direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use any InstaMed web site, any InstaMed product or service. This includes damages arising from use of or in reliance on the documents or information present on any InstaMed web site (including any information posted or placed by anyone other than InstaMed), even if InstaMed has been advised of the possibility of such damages.

The trademarks, logos, and service marks (collectively "Trademarks") appearing on the InstaMed web site are the property of InstaMed and other parties. Nothing contained on the InstaMed web site should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark.

This InstaMed web site is controlled by InstaMed from our offices in California and Pennsylvania, United States of America. All matters relating to your access to or use of any InstaMed web site, including any legal action or proceeding relating to such access or use, shall be governed by the laws of the United States or the laws of the State of Delaware.

You may not access, download, use, or export information (including any software, products or services) contained on this InstaMed web site in violation of U.S. export laws or regulations, or in violation of any applicable laws or regulations.

Last Updated: September 28, 2006