B&B Medical Technologies Terms and Conditions

These Terms and Conditions (the “TAC”) are between B&B Medical Technologies (B&B) and you as user of B&B’s web site located at http://www.BandB-Medical.com (or any successor site) (the “Site”). Changes in law or changes in B&B’s business may require changes to be made to the TAC from time to time, so B&B encourages you to review the TAC periodically for any such changes. By accessing the Site, sending information to B&B or ordering products or services from B&B’s Site you agree to be bound to the TAC. If you do not agree with any term in the TAC, your sole recourse is to discontinue your use of the Site.

I. WEBSITE TERMS OF USE

Disclaimer – Materials on this Site have been prepared by B&B for general informational purposes only. These materials do not, and are not intended to, constitute medical advice. You should not act, or refrain from acting, based only upon any information on this Site. The Site is provided as a service to you and is intended to provide general information about B&B and its Products. B&B reserves the right to delete, modify, or supplement the content of the Site at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information in the Site.

Linked Sites – Any links or references to other Internet sites (“hyperlinks”) contained on the Site are provided by B&B merely as a convenience to users of the Site, and B&B is not responsible for the content or operation of any such linked sites. Any hyperlinks to such linked sites should in no way be construed as an endorsement, representation(s) or promotion by B&B as to the content, representations, accuracy, products or services found or otherwise described in such linked sites. Use of these linked sites is done at your own risk.

Applicable Laws – The Site contains information about products that may or may not be available in any particular country, and if applicable, may have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or for an indication for any product, which is not authorized, by the laws and regulations of the country where the reader resides.

Copyright – All contents of the Site, including all documents, graphics, logos, images, sounds, or other binary files, are copyrighted by, and are the exclusive property of, B&B. Permission to print or otherwise distribute all or a portion of the Site is granted, provided that (1) a legend is affixed to any copies so printed or distributed, that the information contained therein is the sole property of B&B; (2) a copyright notice stating “Copyright ©2009 by B&B. All rights reserved.” appears on all copies; (3) the use of the information is for non-commercial or personal information use only; (4) the information is not modified in any manner; and (5) no graphics from the Site are used separately from the accompanying text.

Trademarks – All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to B&B unless otherwise noted. The Marks on the Site are variously protected by the laws of the United States and other countries of operation foreign to the United States. No use of any of these Marks may be made without the prior, written authorization of B&B, except for the sole purpose of identifying the products or services originating from B&B.

Submissions – No confidential relationship shall be established in the event that you make any oral, written, or electronic response to B&B (e.g. feedback, questions, comments, suggestions or ideas). B&B shall be free to reproduce, publish or otherwise use such information including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing of goods or services. The sender of any information to B&B is fully responsible for its content, including its truthfulness and accuracy.

II. PRIVACY POLICY

B&B is committed to protecting your privacy while providing you with the most useful and enjoyable Web experience possible.

How we collect and use personal information – We only collect personal information that you provide to us voluntarily, such as registering on the site, or by subscribing to a B&B Newsletter (whether through the Site or otherwise). Such personal information may include your name, company or hospital name, e-mail address, and mailing or shipping address information. We will only use this information for the purposes for which you provided it to B&B. With your approval, on a periodic basis we may send you an E-mail Newsletter about our Company and Products. You can unsubscribe from this service at any time, either through the Site or from a link on each Newsletter, or by emailing B&B at the address below. B&B also collects anonymous information from all visitors to the Site, such as IP addresses and aggregated site metrics, to improve the overall performance of the Site and B&B’ services.

B&B does not share your contact information with any other third party without your consent, except to a court or governmental agency if required by law, as required by a court of competent jurisdiction, or to third parties it engages to provide services that involve data processing on its behalf. Such third parties do not include advertisers or marketers that would contact or solicit you. For example, B&B may, if applicable, engage a third party to process credit card payments for service fees, and will disclose billing information to such third party only as necessary for them to process such transactions.

How we protect your personal information – All personal data you submit to B&B through the Site is encrypted with secure server software (SSL) that encodes the information before your Web browser software sends it to B&B. The SSL software decodes the data only after it reaches B&B’ server, meaning that your data will be encrypted were hackers to intercept it while in transit.

How we use “cookies” – As you probably know, “cookies” are small pieces of information that some Web sites store on your computer’s hard drive when you visit them. Like many other Web sites, the Site may use cookies for example to identify products that you have selected. Most Web browsers automatically accept cookies but allow you to modify security settings so you can approve or reject cookies on a case-by-case basis. Even if you do not use cookies, you can still access all of the features on our site.

III. GENERAL TERMS AND CONDITIONS

NOT WITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY B&B MEDICAL TECHNOLOGIES, YOU SPECIFICALLY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO SELECT AND EVALUATE THE CORRECT PRODUCTS FOR USE IN YOUR APPLICATIONS.

In no event shall B&B be liable to you or to any third party for any direct, incidental, indirect, special or consequential damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if B&B has been advised, knew, or should have known of the possibility of such damages, arising out of or related to (i) your use of or reliance on the Site, or any information, hyperlinks or content contained therein, (ii) your provision of information, personal or otherwise, to B&B, (iii) the provision of Products or services by B&B, (iv) acts or negligence on the part of B&B, its agents or employees, or (v) your use of any Products. In purchasing Products or services from B&B, you expressly release and discharge B&B from all such causes of action or damages. Without limiting the foregoing, in no event shall B&B be liable to you for more than the purchase price of any Products purchased by you from B&B.

B&B DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, THE PRODUCTS OR B&B’S SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY B&B, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION AND LINKS CONTAINED THEREIN, ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE.

The TAC shall be governed by the laws of the state of California, without regard to the conflict of laws rules. If any portion of the TAC is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, such unenforceable, invalid or illegal portions shall not affect the remainder of the TAC. You hereby waive any and all rights to bring any claim or action against B&B related to the Site or TAC in any forum.