March 1, 2011

The material on this website is provided to educate the public about Hemosphere, Inc. and our products and services. The information provided on the website is not intended or recommended as a substitute for professional medical advice, is for general information only, and is designed to support, not replace, the relationship that exists between you and your physician. Always talk with your doctor if you have questions about your symptoms, diagnosis and treatment.

Your use of this website constitutes your acceptance of these Terms of Use. If you do not agree to the provisions contained in these Terms, you should not use or access the website.

SCOPE OF TERMS

Hemosphere controls and operates this website from the United States of America. This website is intended for use by United States residents only and contains information regarding our company, products and services authorized for sale or distribution within the United States.

MODIFICATIONS OF TERMS

These terms may be modified by Hemosphere at any time by updating and posting a new version on the website. By using the site, you agree to be bound by the terms and conditions of the current version.

WEBSITE MODIFICATIONS

Hemosphere reserves the right to modify or discontinue this website (or any portion of this website), temporarily or permanently, with or without notice to you. Hemosphere shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue this website (or any portion of this website).

LINKS TO WEBSITE, PRESENTATIONS, AND PUBLICATIONS

Our website provides links to educational material and affiliate websites operated by third parties. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked websites before you use them. Third party links are provided merely as a convenience to you, and the inclusion of any link does not imply endorsement by Hemosphere. We do not review, monitor or check the accuracy of content published on third party websites, and are not responsible for the availability of, and content provided on, third party websites.

GOVERNING LAWS

This Agreement and your use of the site shall be governed by the laws of the State of Minnesota without regard to principles of conflict of laws.

LIMITATION OF LIABILITY

THE SITE IS PROVIDED “AS IS” AND HEMOSPHERE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERFERENCE. UNDER NO CIRCUMSTANCES SHALL HEMOSPHERE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, OR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR THE CONTENT CONTAINED THEREIN, EVEN IF HEMOSPHERE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.

TERM AND TERMINATION

This Agreement is effective as of the date of your first access or use of the Site, and shall remain in effect for the duration of your access or use. This Agreement shall automatically terminate upon your breach of the Agreement.

DISCLAIMERS AND COPYRIGHTS

The HeRO (Vascular Access Device) was classified as a graft and cleared for use by the FDA in January 2008. Product claims throughout this website are supported by data on file and cited throughout the content. Always refer to the Instructions for Use for all prescribing information and product indications.

HeRO is indicated for end-stage renal disease (ESRD) patients on long-term hemodialysis who have exhausted all other peripheral access options. The HeRO must be implanted by a vascular surgeon who has been trained by a Hemosphere representative. Contact information for trained HeRO surgeons is updated monthly on the Hemosphere website on the Find A HeRO Surgeon page.

HeRO and Hemosphere are registered trademarks of Hemosphere, Inc., registered in the United States Patent and Trademark Office.  HeRO is an acronym for “Hemodialysis Reliable Outflow” which is not trademarked.

All of the content on the Hemosphere website, including product logos, images, videos, and text is owned by Hemosphere and subject to copyright. You may print and/or download material from the website provided that:

• Your use of the information is for your own informational and non-commercial purposes only;
• You do not modify the content or graphics or quote content out of context;
• You reproduce any notices contained in the website content, such as copyright notices, trademark legends, or other proprietary rights notices;
• No ownership or other right or interest in any website content is transferred to you, other than the rights to use website content as specifically allowed in these Terms of Use.

You may not otherwise copy, reproduce, modify, republish, upload, post, transmit, or distribute any of the content of the website.

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