Terms of Use

Welcome to the Route 92 Medical website (the “Website”). These Terms of Use (the “Terms of Use”) apply to the Website located at www.r92m.com, and all associated sites linked to www.r92m.com by Route 92 Medical, Inc. (“Route 92 Medical”). This Website is the property of Route 92 Medical. By using this Website, you agree to these Terms of Use.
If you do not agree with these Terms of Use, do not use the Website.
Your eligibility for use of the Website is contingent upon meeting the following conditions:

You are at least 18 years of age; this Website is not intended to be directed to children.
You use the Website and Services according to these Terms of Use and all applicable laws and regulations determined by the state and country of your residence
You agree and understand that Route 92 Medical may, at any time, and without prior notice, revoke and/or cancel your access if you fail to meet these criteria or violate any portion of these Terms of Use

Use of this Website

In connection with your use of our Website, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not:

Violate any local, state, provincial, national, or other law or regulation, or any order of a court
Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights
Interfere with or damage our Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology
Use automated scripts to collect information or otherwise interact with the Website
Enter into this agreement on behalf of another person or entity without consent or the legal capacity to make such agreements as a representative of an organization or entity

Intellectual Property

All code, text, software, scripts, graphics, files, photos, images, logos, trademarks, and materials (collectively “Content”), including but not limited to the design, structure, “look and feel” contained on this Website, are the sole property of Route 92 Medical and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property right and unfair competition law. All Content is copyrighted and proprietary to Route 92 Medical.
No part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution for any commercial enterprise, without Route 92 Medical’s written consent.

Third Party Websites

Our Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.

Disclaimer of Warranty and Limitation of Liability

Our Website is provided “AS IS.” Route 92 Medical, its officers, directors, employees, suppliers and agents exclude and disclaim all representations and warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose, related to this Website. You exclude Route 92 Medical from all liability for damages related to or arising out of the use of this Website. You assume all responsibility for your use of the Website and any linked sites. Your sole remedy against Route 92 Medical for dissatisfaction with the Website or any Content is to stop using the Website or any Content.

Limitation of Liability

Except where prohibited by law, in no event will Route 92 Medical be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Route 92 Medical has been advised of the possibility of such damages. If, notwithstanding the provisions of these Terms of Use, Route 92 Medical is found to be liable to you for damage or loss which arises out of or is in any way connected with your use of the Website or any Content, Route 92 Medical’s liability shall in no event exceed US $100.00. Some jurisdictions do not allow limitations of liability, so the above limitation may not apply to you.

Indemnity

You agree to indemnify and hold Route 92 Medical, its officers, directors, employees, suppliers and agents, harmless from any demands loss, liability, claims or expenses (including attorney’s fees), made against Route 92 Medical by any third party dues to or arising out of or in connection with your use of the Website.

Changes to these Terms of Use

Route 92 Medical retains the right to, at any time, modify or discontinue, any or all parts of the Website without notice. Additionally, Route 92 Medical reserves the right, in its sole discretion, to discontinue or modify these Terms of Use at any time, effective by posting new terms on the Website with the date of modification. It is your responsibility to check these Terms of Use for changes. Your continued use of the Website will mean you have accepted and agree to any changes to these Terms of Use. You are responsible for reading and understanding the Terms of Use

Governing Law

These Terms of Use and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the federal courts in San Mateo County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are based in the European Union. If you are based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Route 92 Medical and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable
law.

Void Where Prohibited

Route 92 Medical administers and operates the Website from its location in San Mateo, California USA. If you choose to access the Site from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws. Although the Website is accessible worldwide, not all products referenced or described through or on the Website are available to all persons or in all geographic locations or are appropriate or available for use outside the United States. Route 92 Medical reserves the right to limit, in its sole discretion, the availability of any product to any person or geographic area.

Feedback and Information
Any feedback you provide at this Website shall be deemed to be non-confidential. Route 92
Medical shall be free to use such information on an unrestricted basis.

APM 0160-05.B