Terms of Use

Acceptance of Terms
The following terms and conditions govern all use of the http://www.carticept.com website and any other linked pages or features (the "Site") and all materials displayed, included in, or available on the Site, including but not limited to text, graphics, articles, images, videos, and illustrations ("Content"). The Site is offered subject to acceptance without modification of any of the terms and conditions contained herein or all other operating rules, policies and procedures that may be published from time to time on this Site by Carticept Medical, Inc. ("Carticept") (collectively, the "Terms of Use").

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE SITE. BY VIEWING THE SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

Changes
Carticept reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. Upon any change in these Terms of Use we will post the amended agreement on the Site; we may also attempt to notify you in some other way. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Privacy
Carticept's current Privacy Policy is available at http://www.carticept.com/Privacy.html ("Privacy Policy"), which is hereby incorporated by this reference. Your acceptance of these Terms of Use constitutes your acceptance and agreement to be bound by the Privacy Policy.

Rules and Conduct
As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Carticept. You agree to abide by all applicable local, state, national and international laws and regulations. You, not Carticept, remain solely responsible for all Content that you upload, email, transmit, or otherwise disseminate using, or in connection with the Site. You understand and agree that Carticept shall have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Use, and shall have sole discretion regarding the course of action to take in connection therewith.

Use of Site Information
The Site may contain forward-looking statements and information relating to Carticept that are based on Carticept's beliefs as well as assumptions made by and information currently available to it. The words "anticipate," "believe," "estimate," "expect," "intend," "will," and similar expressions, as they relate to Carticept, are intended to identify forward-looking statements. Actual results could differ materially from those projected in such forward-looking statements. Carticept does not intend to update these forward-looking statements.

Third Party Sites
The Site may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Carticept's control, and you acknowledge that Carticept is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Carticept or any association with its operators.

Proprietary Rights
You agree that all Content and materials delivered via the Site or otherwise made available by Carticept at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Carticept in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at this Site for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein.

No Warranties
THE SITE AND ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE". THE SITE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CARTICEPT, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (1) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (2) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (4) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL CARTICEPT (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS OF USE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (1) MATTER BEYOND ITS REASONABLE CONTROL, (2) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (3) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF CARTICEPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS OF USE AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

Miscellaneous
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, excluding its conflicts of law rules, and the United States of America. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. Carticept may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by Carticept, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect.

Copyright and Trademark Notices
Unless otherwise indicated, these Terms of Use and all Content provided by Carticept are copyright 2013 Carticept Medical, Inc. All rights reserved. Carticept, Carticept Medical, Navigator and the Carticept logos are trademarks of Carticept Medical, Inc. The names of actual companies and products mentioned at the Site are the trademarks of their respective owners.

Contact
You may contact Carticept Medical, Inc. at the following address:


Carticept Medical, Inc.

6120 Windward Parkway, Suite 220
Alpharetta, GA 30005
United States of America

Phone: (770)754-3800
Fax: (770) 754-3808

info@carticept.com

Effective Date: March 1, 2013