Terms and Conditions of Use

MG Biotherapeutics LLC is pleased to provide you with this website ("website").This website is for your personal, general educational use only. Please carefully read these Terms and Conditions of Use (“Terms”). By using our website, you agree to these Terms. If you do not agree to these Terms, please do not use our website. We reserve the right to revise these Terms or any portion of them at any time without notice by updating this posting. You are bound by any revisions and should periodically visit this page to review the current Terms. If you violate any of these Terms, your permission to use the materials (as defined below) automatically terminates and you must immediately destroy any copies you have made of the materials.

Throughout these Terms, the words "we," "us," "our" and "MG Biotherapeutics" refer to MG Biotherapeutics LLC. MC Biotherapeutics LLC is a joint venture owned by Medtronic, Inc. and Genzyme Corporation, each of whom is referred to as an “affiliate” in these Terms and in the accompanying Privacy Statement. MG Biotherapeutics and each of its affiliates may also operate other web sites. These Terms do not apply to our other web sites. You should review the terms of use posted on those other web sites when you visit them.

Portions of this website may be intended only for audiences from specific countries or geographic regions. Almost all medical devices and products must go through clinical studies and regulatory reviews before they are commercially released, with different countries having different requirements before a product is approved for market. The website will include notices that advice you if the content in a particular area is intended for a limited audience.

Use of Materials and Intellectual Property Rights

MG Biotherapeutics authorizes you to view, copy, and reproduce any of the contents of this website, such as text, graphics, images, software, and other content ("materials") provided that you agree to and abide by the Terms, (and in any separate agreement that you enter into with MG Biotherapeutics).

The materials are protected by copyright under both United States and international laws. Unauthorized use of the materials may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original materials on any copy you make of the materials. You may not sell or modify the materials or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose. The use of the materials on any other website or in a networked computer environment for any purpose is prohibited. Nothing on this website or any website of MG Biotherapeutics or its affiliates shall be construed as conferring any license under any of MG Biotherapeutics, its affiliate's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise. MG Biotherapeutics prohibits the use of any MG Biotherapeutics trademark, or any related graphic, as a "hot link" to any website unless approved by MG Biotherapeutics.

We also own the names we use for our products and services on this web site, and these names are protected by United States and foreign trademark laws. An ® following a name on our web site indicates that the trademark has been registered in the United States. A ™ (trademark symbol) following a name on our web site indicates that it is an unregistered trademark. All trademarks are the property of their respective owners. The following is a partial list of trademarks or registered trademarks owned by, or under the control of, MG Biotherapeutics or its affiliates. All other products and services mentioned are identified by the trademarks or service marks of their respective companies or organizations. MG Biotherapeutics™ is a trademark of MG Biotherapeutics LLC. Genzyme^® is a registered trademark of Genzyme Corporation. Medtronic^® is a registered trademark of Medtronic, Inc.

Links to Third Party Sites

We have provided links to certain third party websites as a courtesy. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites or the products or services of that third party. We do not review or control the content of third party sites and that content is not part of our website. We expressly disclaim any responsibility for the content of any third party sites linked to our website or the products or services of that third party. We do not make any representations regarding the content or accuracy of materials on third party websites or the products or services of third parties. We urge you to use discretion when you access any third party sites linked to our website.

Disclaimers of Warranty, Liability, and Consequential Damages

MG Biotherapeutics does not warrant that the website will operate error-free or that the website and its server are free of computer viruses and other harmful goods. If your use of the website or the materials results in the need for servicing or replacing equipment or data, MG Biotherapeutics is not responsible for those costs.

The website and materials are provided on an 'as is' basis without any express or implied warranties of any kind. MG Biotherapeutics and its suppliers, to the fullest extent permitted by law, disclaim all express and implied warranties, including the warranty of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. Neither MG Biotherapeutics, its affiliates, or its suppliers makes any warranties about the accuracy, reliability, completeness, or timeliness of the materials, services, software text, graphics, and links or about the results to be obtained from using this website or the materials. The materials may contain inaccuracies or typographical errors. Although we make a good faith effort to update the materials periodically, we do not have any duty to update the materials, and we will not be liable for any failure to update such materials. Changes can and will be made to the website and materials and at any time.

This website and the materials are intended for educational purposes only. They are not a substitute for actual medical care. Persons requiring diagnosis or treatment, or who have specific questions related to their condition or care, are urged to contact their health care provider.

In an effort to assist patients in identifying medical resources, we have contracted with certain health care institutions that consider themselves to have expertise in the research, diagnosis and treatment of particular diseases or health conditions. These third parties may be mentioned on this website and this website may provide a link to those third party websites. MG Biotherapeutics makes no warranties or representations, and expressly disclaims any responsibility for, the information or treatment that you may receive from any listed health care provider.

In no event shall MG Biotherapeutics, its affiliates, suppliers, or any third parties mentioned at this website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website and the materials, whether based on warranty, contract, tort, or any other legal theory, and whether or not MG Biotherapeutics is advised of the possibility of such damages. In no event shall MG Biotherapeutics’ total liability to you for all damages, losses, and causes of action (whether in contract, tort, including without limitation negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.

Access to the materials may not be legal by certain persons or in certain countries. You access the website at your own risk and are responsible for compliance with the laws of your jurisdiction.

Indemnity

You agree to defend, indemnify, and hold harmless MG Biotherapeutics, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the materials (including software) or your breach of these Terms and Conditions of Use. MG Biotherapeutics shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Choice of Law and Jurisdiction

Our website is operated from the Commonwealth of Massachusetts, U.S.A. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to any conflict of law provisions thereof. Any action related to these Terms and Conditions of Use shall be brought only in the state courts of and federal courts in the Commonwealth of Massachusetts and all parties waive any objection to the personal jurisdiction of and venue in such courts.

Severability

If any provision of these Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions of Use with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

Entire Agreement

Except as written in any other disclaimer, policies, terms, or notices on this site, these Terms, together with the accompanying Privacy Statement, represent the entire agreement between you and MG Biotherapeutics relating to the subject matter herein and shall not be modified except by MG Biotherapeutics as provided herein or through a written document signed by both parties.

These Terms were last updated: 1/18/2005

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