Website Term and Conditions of Use

Website Term and Conditions of Use2018-12-07T17:25:36+00:00

This Website Terms and Conditions of Use Agreement (“Agreement”) is made by and between Aerin Medical Inc. (“Aerin Medical", “we" “or “us”), having a principal place of business in California, USA, and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of this Website.

This Agreement applies to any website that displays, links to, or references this Agreement (each website collectively and individually referred to herein as “Website”). BY ACCESSING, VISITING, BROWSING, USING, OR OTHERWISE INTERACTING WITH THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME BY US, AS WELL AS TO THE TERMS OF OUR PRIVACY POLICY. We may make changes to this Agreement at any time without prior notice to you and you are responsible for reviewing this Agreement for changes. Your accessing, visiting, browsing, using, or otherwise interacting with this Website constitutes your acceptance of the Agreement posted at the time of your action in including without limitation any changes from prior posted terms and conditions of use. If you disagree with this Agreement or are dissatisfied in any way with this

Website, your sole and exclusive remedy is to discontinue accessing, visiting, browsing, using, or otherwise interacting with this Website. As used herein, the terms “you", “your", and “user” refers to you individually and any entity that you represent.

  1. ACCESS TO THIS WEBSITE

To access some of the resources offered on this Website, including contacting Aerin Medical, taking a screening test or connecting with physicians, you may be asked to provide certain registration details or other information such as your zip code, name, e-mail address and phone number. It is a condition of your use of this Website that all the information you provide on this Website will be correct, current, and complete. If Aerin Medical believes the information you provide is not correct, current, or complete, Aerin Medical has the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time.

  1. RESTRICTIONS ON USE

You may use this Website for purposes expressly permitted by these Terms and Conditions. As a condition of your use of the Website, you warrant to Aerin Medical that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. For example and without limitation, you may not (and may not authorize any party to) (i) co-brand this Website, or (ii) frame this Website, without the express prior written permission of an authorized representative of Aerin Medical. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or its Content. You agree to cooperate with Aerin Medical in causing any unauthorized co-branding or framing immediately to cease. In addition, you may not use the Website in any manner which could disable, overburden, damage, or impair the Website(s) or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials, Content, or information through any means not intentionally made available or provided to you, including without limitation exceed the limitations of access granted to you, through the Website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the Content of this Website without our express permission. Your use of this Website is strictly for your personal, non-commercial use only.

  1. ADDITIONAL USE LIMITATION

You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content, software, products, or services obtained from or otherwise connected to the Website.

  1. PROPRIETARY INFORMATION

The material and content accessible from this Website, and any other Website owned, operated, licensed, or otherwise controlled by Aerin Medical (the “Content”) is the proprietary information of Aerin Medical or the party that provided or licensed the Content to Aerin Medical, whereby such providing party retains all right, title, and interest in the Content. Neither title nor intellectual property rights are transferred to you by access to this Website.

  1. HYPER-LINKS

This Website may be hyper-linked to other Websites which are not maintained by, or related to, Aerin Medical. Hyper-links to such Websites are provided as a service to users and are not sponsored by or affiliated with this Website or Aerin Medical. Aerin Medical has not reviewed any or all of such Websites and is not responsible for the content of those Websites. Aerin Medical is not responsible for webcasting or any other form of transmission received from any hyper-linked Website. Hyper-links are to be accessed at the user's own risk, and Aerin Medical makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the Websites hyper-linked to this Website. Aerin Medical provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party Website does not necessarily imply endorsement by Aerin Medical of that Website, its owner, or its content.

  1. SUBMISSIONS

You hereby grant to Aerin Medical the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Aerin Medical through this Website (together, the

“Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Aerin Medical will not be required to treat any Submission as confidential, and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Aerin Medical operations. If the Website requests information that contains personally identifying information (e.g., name, address, phone number), Aerin Medical shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communications and any information submitted therewith shall be considered non-confidential, and Aerin Medical shall be free to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.

  1. DISCLAIMERS

You understand that Aerin Medical cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. Aerin Medical does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Aerin Medical. This Website may contain forward-looking statements that reflect Aerin Medical’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals, validity, and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Aerin Medical may update this Website on a regular basis but assumes no obligation to update any of the Content.

You understand that Aerin Medical, by providing the Website, is not acting as a physician or other medical services provider. The content of the Online Services should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which devices or treatment may be appropriate for you. None of the content of these Online Services represents or warrants that any particular device or treatment is safe, appropriate, or effective for you. Without limitation, Aerin Medical does not recommend or endorse that any specific tests, health care professionals, devices, products or procedures will be appropriate for you.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE

PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. AERIN MEDICAL DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. AERIN MEDICAL DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AERIN MEDICAL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AERIN MEDICAL MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT AERIN MEDICAL, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. AERIN MEDICAL MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

  1. LIMITATION ON LIABILITY

AERIN MEDICAL, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF AERIN MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF AERIN MEDICAL AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU AGREE THAT YOU CANNOT FILE A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE WEBSITE MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

  1. TERMINATION OR RESTRICTION OF ACCESS

Aerin Medical reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.

  1. INDEMNITY

You will indemnify and hold Aerin Medical, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.

  1. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this Website are the property of Aerin Medical or the party that provided the trademarks, services marks, logos, and copyrighted works to Aerin Medical. Aerin Medical and any party that provided trademarks, service marks, logos, and copyrighted works to Aerin Medical retain all rights with respect to any

of their respective trademarks, service marks, logos, and copyrighted works appearing in this Website.

  1. SECURITY

You are prohibited from any attempt to compromise security or tamper with system resources and/or accounts associated with this Website. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Aerin Medical reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Aerin Medical reserves the right to investigate suspected violations of this Agreement.

Aerin Medical reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Aerin Medical to disclose the identity of anyone using or supplying information through this Website, and Aerin Medical reserves the right to provide information about you to law enforcement if Aerin Medical believes you have breached this agreement or violated any applicable laws. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS AERIN MEDICAL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AERIN MEDICAL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER AERIN MEDICAL OR LAW ENFORCEMENT AUTHORITIES.

Aerin Medical is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our Website. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using our Website, you agree to be bound by that Privacy Policy.

Aerin Medical’s Privacy Policy may be viewed here: www.aerinmedical.com

You recognize and agree that when submitting your personally identifiable information to Aerin Medical, while Aerin Medical may have safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, AERIN MEDICAL SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS. AERIN MEDICAL DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS.

  1. MISCELLANEOUS

This Agreement will be governed and interpreted pursuant to the laws of California, United States of America, excluding any principles of conflicts of law. You specifically consent to personal jurisdiction in Sunnyvale, California in connection with any dispute between you and Aerin Medical arising out of this Agreement or pertaining to the subject matter hereof. The parties to

this Agreement each agree that the exclusive venue for any dispute between the parties arising out of this Agreement will be in the state and federal courts in Sunnyvale, California.

If any part of this Agreement is unlawful, void, or unenforceable, that part shall be modified by a court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording or, if not amendable to become lawful and enforceable, shall be severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aerin Medical as a result of this Agreement or your accessing, visiting, browsing, using, or otherwise interacting with the Website.

This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Aerin Medical with respect to the Website.

Aerin Medical may revise this Agreement at any time by updating this posting.

Last Modified: 30-Nov-2018
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