ATTENTION: PLEASE READ THESE TERMS OF USE ("TERMS") AND OUR PRIVACY POLICY, WHICH IS PART OF THESE TERMS, CAREFULLY BEFORE USING THIS WEB SITE. ACCESSING ANY PART OF THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS IN FULL. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE AND LEAVE THE WEB SITE IMMEDIATELY.

This Web site (the "Site") is operated by Ativa Medical Corporation. These Terms were last updated on January 26, 2011. We may change these Terms as well as the content of the Site at any time. Please review the Terms each time you visit the Site.

YOUR ACCEPTANCE OF THESE TERMS
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS.

HEALTH INFORMATION
This Site may contain information relating to various health conditions and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own physician or other medical professional. Ativa does not practice medicine or provide medical services or advice. You should not use the information contained in the Site for diagnosing a medical condition or disease. You should always consult your own physician and medical advisors. If you think you may have a medical emergency, call your physician or 911 immediately.

COPYRIGHTS AND TRADEMARKS
The trademarks, service marks and logos displayed on the Site are registered and unregistered trademarks of Ativa. The materials on the Site are copyrighted and any unauthorized use of any materials on the Site may violate copyright, trademark, and other laws. All of the content you see, hear or otherwise experience on the Site created or provided by Ativa (the "Ativa Content") is intended solely for personal, noncommercial use. No right, title or interest in any downloaded materials is transferred to you as a result of such use. In making such personal, noncommercial use, you must retain all copyright and other proprietary notices contained in the original materials on any copies you make of the materials. Except as stated above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Ativa Content, without first obtaining written permission from Ativa. Ativa reserves complete title and full intellectual property rights in any Ativa Content you use from the Site.

ADDITIONAL TERMS MAY APPLY TO YOU
We may require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of the Site, to participate in certain promotions or activities available through the Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of a click-through agreement are different than the terms of these Terms, the terms of the click-through agreement will supplement or amend these Terms, but only with respect to the matters governed by the "click-through agreement."

USER SUBMISSIONS
Ativa welcomes your comments and suggestions. However, except for any personal information we may collect from you pursuant to our Privacy Policy, any material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications you transmit to Ativa ("User Submissions") will be considered non-confidential and non-proprietary. User Submissions shall become the exclusive property of Ativa and can be used by Ativa or its affiliates for any purpose without compensation to you.

RESTRICTIONS ON USE OF THE SITE
The use of web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Site is prohibited; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent.

In your use of the Site, you shall not post, transmit or submit any confidential, false, unlawful, infringing, threatening, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site. You may not obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site. You may not post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Site.

Ativa believes in children's online safety and does not wish to receive information regarding minors. Therefore, you may not post or transmit any personally-identifiable information of a minor or information sufficient to locate a minor on the Site.

LINKS
Links from the Site lead to external resources (Web sites), which are maintained and hosted by third parties, over which Ativa has no control and is in no manner responsible. Links to other Web sites are provided merely as a convenience to the users of the Site. Ativa recommends that you read the terms of use and privacy policies of such external Web sites. References on the Site to any names, marks, products or services of third parties or links to third party Web sites do not necessarily imply an endorsement, sponsorship or recommendation of the third party, information, product or service. Ativa makes no warranties, representations, or assurances about any Web site you may access through the Site and shall not be liable for any damages or injury arising from your use of that content. If you decide to access any of the third party Web sites linked from the Site, you do so entirely at your own risk.

Third parties may link to the Site, but may not imply any sponsorship by or affiliation with Ativa unless they have entered a separate agreement signed by both Ativa and the third party.

REMOVAL OF CONTENT
If you believe content on the Site violates your rights and want us to remove it, please contact us. While we do not have any obligation to remove content merely because of a removal request, we will review all such requests and will remove content that we determine should be removed, in our sole discretion and in accordance with our these Terms, our Privacy Policy, and applicable law.

ACCOUNT CREATION AND PASSWORDS
To access certain materials on the Site, you may be asked to create an account. When you create an account, we require you to submit certain information (see our Privacy Policy for further information). As part of the account creation process, you will need to create a password. Ativa recommends the use of strong passwords that include capital and lower case letters, numbers and symbols. Ativa takes steps to protect your account information, as detailed in the Privacy Policy; however, it is your responsibility to ensure the security of your own password, internet connection and computer.

YOUR OBLIGATIONS
In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself when it is requested. Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by e-mailing us at [insert e-mail]. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use the Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Site is strictly prohibited. We reserve all rights and remedies available to us.

You agree to indemnify, release, and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms or your access or use of the Site (including any information, materials, products or services available through the Site).

COPYRIGHT AND TRADEMARK NOTICE
The Ativa Content, including, for example, all page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trade dress, copyright and/or other intellectual property rights or licenses held by Ativa, by its affiliates or by third parties who have licensed their material to Ativa. The entire content of the Site is protected under U.S. copyright laws, and Ativa owns a copyright in the selection, coordination, arrangement and enhancement of the Ativa Content.

MODIFICATION AND DISCONTINUATION
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Site (or any portion thereof) and/or the information, materials, products and/or services available through the Site (or any portion thereof), with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Site.

WAIVER
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Ativa of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

DISCLAIMERS
ALL INFORMATION ON THIS SITE IS PROVIDED "AS IS," AND ATIVA MAKES NO REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, OR OTHERWISE, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ATIVA SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, THE USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ATIVA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. ATIVA MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SITE, OR ANY PRODUCTS OR SERVICES OFFERED OR REFERRED TO, ON THIS SITE FOR ANY PURPOSE. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO ANY FRAUDULENT MISREPRESENTATIONS MADE BY ATIVA ON OR THROUGH THE SITE. ATIVA SHALL NOT KNOWINGLY MAKE ANY SUCH MATERIAL MISREPRESENTATIONS.

LIMITATION OF LIABILITY
EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL ATIVA OR ANY PERSON OR COMPANY ASSOCIATED WITH ATIVA BE LIABLE TO YOU NOR WILL YOU BE LIABLE TO ATIVA FOR ANY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, ORCONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING AS A RESULT OF NEGLIGENCE) NOR FOR DEATH OR PERSONAL INJURY WHICH HAS BEEN CAUSED OTHER THAN BY OUR NEGLIGENCE (AS SUCH TERM IS USED IN THE UNFAIR CONTRACT TERMS ACT 1977 (U.K) NOR FOR ANY DAMAGES RESULTING FROM LOST PROFITS, LOSS OF REVENUE, BUSINESS, OR OPPORTUNITY, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO OR FROM THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN RELATION TO DAMAGES CAUSED BY BREACH OF CONTRACT OR NEGLIGENCE, THE MAXIMUM LIABILITY OF ATIVA TO YOU OR OF YOU TO ATIVA IN RELATION TO THE USE OF THE SITE SHALL BE EQUAL TO THE TOTAL AGGREGATE AMOUNT PAID BY YOU TO ATIVA OR TO ITS DISTRIBUTOR OR AGENT FOR GOODS AND SERVICES RELATING TO THE SITE, WHICH YOU PURCHASED WITHIN THE 12 MONTH PERIOD BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY. IN RELATION TO USERS OF THE SITE WHO HAVE THEIR MAIN PLACE OF RESIDENCE OR PLACE OF BUSINESS IN THE UNITED KINGDOM, THE LIMITATIONS ON LIABILITY SET OUT IN THE PARAGRAPH ABOVE SHALL NOT APPLY IN RELATION TO ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE NOR TO ANY LIABILITY FOR FRAUD. THIS LIMITATION IS FOR THE BENEFIT OF ATIVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS SUPPLIERS MENTIONED ON THIS WEB SITE. NOTHING IN THIS LEGAL NOTICE SHALL EXCLUDE OR LIMIT ATIVA'S LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ativa, its officers, directors, employees, agents, affiliates, licensors and suppliers from and against any claims, losses, expenses, damages, costs and attorney's fees resulting from your misuse of the Site, including but not limited to any violation of these Terms, or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account; from any transaction you conduct as a result of the contact facilitated by the Site; or from your infringement of any intellectual property rights in any posting to or transmission via the Site.

SEVERABILITY
If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not impact the legality, validity or enforceability in that jurisdiction or any other jurisdiction of any other provision of these Terms.

APPLICABLE LAWS
This Site is controlled and operated from the State of Minnesota in the United States of America. The laws of the State of Minnesota will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. Ativa makes no representations that materials on the Site or Ativa's products are appropriate or available for use in other locations. Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products over the Web. Nothing herein should be construed as a solicitation or promotion for any product that is not authorized by the laws and regulations of the country where the viewer resides.

ENTIRE AGREEMENT
These Terms (together with our Privacy Policy and any click-through agreements on this Site) contain the entire understanding and agreement between you and Ativa with respect to the Site and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic, between you and Ativa with respect to the Site and your use of the Site.

Questions Concerning These Terms
If you have questions regarding these Terms, please contact Ativa.



Last revised: January 26, 2011.


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This device has not been evaluated, cleared or approved for use by the FDA, and is not for sale in the US. Safety and effectiveness have not been established.


All statements that address expectations or projections about the future, including statements about product development, market position, and financial results, are forward-looking statements. Forward-looking statements can be identified by words like "expect," "may," "could," "believe," "would," "might," "anticipates," and similar expressions. Any statements contained herein that are not statements of historical fact may be deemed to be forward-looking statements. These statements are not guarantees of future performance and involve a number of risks, uncertainties and assumptions. We undertake no obligation to update any forward-looking statements.