PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE INFORMATION AND SERVICES (IF ANY) OFFERED MINNOW MEDICAL, INC. ("COMPANY"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY THE COMPANY, INCLUDING, WITHOUT LIMITATION, THE WWW. MINNOWMEDICAL.COM WEBSITE AND DOMAIN NAME ("SITE"). BY USING THE SITE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AND ANY ENTITY WHOM YOU REPRESENT (COLLECTIVELY AND SEPARATELY, "YOU") AGREE TO BE BOUND BY THIS AGREEMENT.

1. ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, Company may offer to provide certain information and services, as described more fully on the Site, and which are selected by You through the process provided on the Site ("Information and Services"), solely for Your own use, and not for the use or benefit of any third party. Information and Services shall include, but not be limited to, any services Company performs for You, as well as the offering of any content on the Site. Company may change, suspend or discontinue the Information and Services at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict Your access to parts or all of the Information and Services without notice or liability. Company reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending You a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Information and Services following such notification constitutes Your acceptance of the terms and conditions of this Agreement as modified.

You certify to Company that if You are an individual (i.e., not a corporation) You are at least 18 years of age. You also certify that You are legally permitted to use the Information and Services and access the Site, and You take full responsibility for the selection and use of the Information and Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Information and Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Information and Services.

2. SITE CONTENT. The Site and its contents are intended solely for the use of Company customers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Information and Services.

The Site may permit You to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Company's control, and you acknowledge that Company is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Company or any association with its operators.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Information and Services in whole or in part.

You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that You maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice.

3. RESTRICTIONS. You are responsible for all of Your activity in connection with the Information and Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your right to use the Information and Services or to access the Site. Use of the Site or Information and Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that is deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while You are not logged in.

4. WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to You. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content You accesses via the Site; what effects the Content may have on You; how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. You release Company from all liability for You having acquired or not acquired Content through the Site. The Site may contain, or direct You to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY MATERIALS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Company will not be liable for the privacy of e-mail addresses, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with Your use of the Information and Services.

5. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY OR ANY OF ITS SUPPLIERS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF ONE HUNDRED DOLLARS ($100); OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

6. TERMINATION. Company may terminate or suspend any and all Information and Services and access to the Site immediately for any reason, without prior notice or liability. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

7. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You except with Company’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Company in any respect whatsoever.