Terms of Use – Matritech, Inc.

Please read these terms carefully before using this web site
These materials are provided by Matritech, Inc. ("Matritech" or the "Company") as a service to its customers and may be used for informational purposes only.

By using this web site you are indicating your agreement to these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use or copy anything from this site and exit now.

Matritech may revise these Terms at any time without prior notice by updating this page, and such revisions will be effective upon posting to this page. Please check this page periodically for any changes. Your continued use of this web site following the posting of any revisions to these Terms will mean you accept those changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this web site.

The Web Site Does Not Provide Medical Advice
The contents of this web site are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this web site.


Products Subject to Regulatory Restrictions
Matritech’s products may be subject to regulation by the U.S. Food and Drug Administration and by similar governmental agencies outside the United States. Matritech’s products may not be used except in accordance with the product information and labeling accompanying the products. The information provided on this web site is not intended as a substitute for such information and labeling. Please refer to the product information and labeling before using any of Matritech’s products.


Void Where Prohibited
Although the information on this web site is accessible worldwide, not all products or services discussed in this web site are available to all persons or in all geographic locations or jurisdictions. Matritech reserves the right to limit the marketing and/or sale of its products. Any offer for any product or service made on this web site is void where prohibited by law. Unless otherwise noted, product names, descriptions and labeling are of United States origin.


Copyright and Trademark
Matritech owns the copyright in all of the content comprising this web site, unless otherwise indicated. By accessing and using this web site, you agree to abide by U.S. and international copyright law and all other applicable laws.

All brand, product, service, and process names appearing on this web site are trademarks of their respective owners. References to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Matritech.

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Matritech or any third party, except as expressly granted herein.

NMP22®, BladderChek® and Matritech ® are registered trademarks and NMP179™, NMP66™, NMP48™ and NMP35™ are trademarks of Matritech, Inc.

Authorized Use
As a user, you are authorized only to view, copy, print, and distribute information, documents and related graphics published on this web site so long as (1) the document is used for informational and non-commercial personal or educational purposes only; (2) any copy of the document (or portion thereof) includes the following copyright notice: "Copyright © 2004 Matritech, Inc. All rights reserved."; (3) the information and content is not modified in any way; and (4) no graphics available from this web site are used separately from the accompanying text.


Forward-Looking Statements and Safe Harbor Provision
Any forward-looking statements related to the Company's expectations regarding its current and future products, business prospects, and the results of operations or financial position, expected financial performance and expected customer sales are subject to a number of risks and uncertainties, many of which are beyond the Company's control. These include but are not limited to, risks related to unforeseen technical obstacles in completing development of new products, unforeseen delays in, or denials of, FDA and other regulatory approvals, future product demand and pricing, performance of distributors and partners, the timing of orders from distributors, competitive products and technical developments, general business and economic conditions and those other risk factors described in the Company's periodic reports and registration statements as filed with the Securities and Exchange Commission. These forward-looking statements are neither promises nor guarantees. There can be no assurance that the Company's expectations for its products or future financial performance will be achieved. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof. Matritech undertakes no responsibility to update any such forward-looking information.


Disclaimer of Currency, Accuracy, or Quality
Matritech makes no guarantee as to the currency, accuracy, or quality of information published and/or archived on this web site, nor will Matritech accept any responsibility for other organizations, businesses, and private persons that provide information on this web site. Press releases or other notices contained on or accessible from this web site are provided as of their date of issuance and the Company disclaims any obligation to update or supplement such information on any subsequent date. All information on this web site regarding products and services provided by Matritech is subject to change without notice. Reasonable efforts are taken to ensure the accuracy and integrity of all information provided here, however Matritech is not responsible for misprints, out-of-date information, or errors. Matritech makes no warranty, express or implied, and assumes no legal liability or responsibility for the accuracy or completeness of any information contained on the web site. By using this web site, you assume the risk that the content on this web site may be inaccurate, incomplete, or may not meet your needs and requirements.


Warranty Information
The information and content on this server is provided "as is" with no warranty of any kind. MATRITECH SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL MATRITECH BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any warranty that is provided in connection with any Matritech products described on this web site shall be limited to the warranties provided in the documents of sale of such product, and any limitations included therein.


Indemnification and Release
By accessing this web site, you agree to indemnify Matritech and any parent, subsidiary or affiliated entities, its officers and employees, and officers and employees of any parent, subsidiary or affiliated entities and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of this web site and any services or products available through this web site. In addition, you hereby release Matritech and any parent, subsidiary or affiliated entities, its officers and employees, and officers and employees of any parent, subsidiary or affiliated entities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any services or products available at this web site. You hereby agree to waive all laws that may limit the efficacy of such releases.


Links to Other Web Sites and Services
To the extent that this web site contains links to other web sites and outside services and resources, Matritech does not control the availability and content of those web sites, services or resources. Links do not imply that Matritech endorses, is affiliated or associated with, the owner of such linked web sites or that Matritech is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Matritech or any of its affiliates. Viewing other web sites or utilizing outside services and resources is done at your own risk.


No Confidential Relationship
No confidential relationship shall be established in the event that any user of this web site should make any oral, written or electronic response to Matritech (such as feedback, questions, comments, suggestions, ideas, etc.). Such response and any information submitted therewith shall be considered non-confidential, and Matritech shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Matritech is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary rights.


Security
We use physical, electronic, and managerial procedures to help safeguard the information we collect from you online. We urge you to take precautions to protect your personal data when you are on the Internet. Change your passwords often and make sure you use a secure browser.


Web Site Ownership and Consent to Monitoring
Information, text, graphics, software, and other content that make up this web site reside on a computer operated by the Company or its representative. Anyone accessing this web site consents to monitoring of this access and use by system or security personnel. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of this web site constitutes consent to such monitoring.


Applicable Laws
This web site (excluding linked sites) is controlled by Matritech within the Commonwealth of Massachusetts, United States of America. It can be accessed throughout the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Massachusetts, by accessing this web site, both you and Matritech agree that the statutes and laws of the Commonwealth of Massachusetts will apply to all matters relating to the use of this web site, without regard to its conflicts of laws principles and, further, that any actions arising out of your use or access to this web site shall only be brought in the courts of the Commonwealth of Massachusetts. Matritech makes no representation that materials on the web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.


Miscellaneous
The terms and conditions set forth in this section constitute the entire agreement between Matritech and you with respect to your use of this web site. Any cause of action you may have with respect to your use of this web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision hereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms, and the remainder shall continue in full force and effect.

This Terms of Use document is subject to change without notice. Last edited August 10, 2004. If you have any questions regarding this Terms of Use, please contact webmaster@matritech.com.