1. Introduction

Welcome to the Lutonix, Inc. web site (the “Site”).  This Site is owned and operated by Lutonix, Inc. For purposes of these Terms of Use (“Terms”), Lutonix, Inc. is referred to as Lutonix, us, we, etc.

2. Your Acceptance of These Terms of Use

ATTENTION: PLEASE READ THESE TERMS AND OUR PRIVACY POLICY, WHICH IS PART OF THESE TERMS, CAREFULLY BEFORE USING THIS SITE. ACCESSING ANY PART OF THIS SITE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS IN FULL. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THIS SITE AND LEAVE THE SITE IMMEDIATELY. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

We reserve the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Site.  You agree that Lutonix shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Site (or any portion of the Site).  Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.

These Terms of Use were last revised on August 31, 2010. We may change these Terms at any time. Please review the Terms each time you visit the Site. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS.

3. No Medical Advice

This Site may contain information relating to various health conditions and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own physician or other medical professional. Lutonix does not practice medicine or provide medical services or advice. You should not use the information contained in this Site for diagnosing a medical condition or disease. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment.  If you think you may have a medical emergency, call your physician or 911 immediately.

We may also include certain information, reference guides and databases intended for use by licensed medical professionals. These tools are not intended to give professional medical advice. Physicians and other health care providers should always exercise their own clinical judgment for any given situation.

4. Scope

We control and operate this Site from the United States of America. If you are a non-U.S. resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any references to products or services on the Site do not imply that Lutonix intends to announce or offer these products or services in your country.

5. Copyright and Trademark Notice

All of the trademarks, service marks and logos displayed on this Site are registered and unregistered trademarks of Lutonix or third parties. Everything you see, hear, or otherwise experience on this Site (the “Content”), including, but not limited to, text, software, photographs, illustrations, graphics, and audio or video clips is protected by copyright, trade dress, patents, or other proprietary rights. The entire Content of this Site is copyrighted under United States law and applicable international copyright laws and treaties.  Lutonix owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws. LUTONIX, the Lutonix Logo, and Lutonix DCB are trademarks of Lutonix.

Certain product, service, or company designations for companies other than Lutonix may be mentioned on the Site for identification purposes only. Such designations may be claimed as trademarks or service marks by companies other than Lutonix. In all instances where Lutonix is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.

You may view, download, print, and copy selected portions of the Content of this Site, subject to the following: (1) the Content may be used only for your personal, non-commercial use or to further your business dealings with Lutonix; (2) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page; (3) the Content may not be modified or altered in any way; and (4) no graphics may be used separately from accompanying text. Except as stated above, you may not copy, download, upload, display, perform, reproduce, print, modify, publish, distribute, transmit, transfer, broadcast, post, frame, mirror on another Web service, use any meta tags, inline any graphics, photos or illustrations, or create derivative works from the Content, without first obtaining written permission from Lutonix. No right, title or interest in the Content is transferred to you when you use Content from this Site. Lutonix reserves title and all intellectual property rights in any Content you use from this Site.

6. Clinical Trials

The Lutonix drug coated balloon catheters are not for sale to the general public in the United States or anywhere else in the world and are only available through approved clinical trial sites.  The products have not been approved for general use by the U.S. Food and Drug Administration. All patients must be screened according to Lutonix’s clinical protocols and must sign the approved patient consent form prior to participation in any Lutonix clinical trials. Nothing herein is intended to modify or amend the patient consent form executed with participants, the clinical trial agreements executed with clinics and physicians, or the related clinical protocols. Nothing herein shall be deemed to be a promise or guarantee of admission to any Lutonix clinical trial.

7. User Feedback

Lutonix welcomes your comments and feedback.  However, except for any personal information we may collect from you pursuant to our Privacy Policy, any material, information, comments, feedback, notes, messages, ideas, questions, designs, data, concepts, know-how, techniques, or other communications you transmit to Lutonix (“User Submissions”) will be considered non-confidential and non-proprietary. By submitting User Submissions to Lutonix, you grant to Lutonix and its affiliates, free of charge, a perpetual, irrevocable, worldwide license to use, copy, display, perform, publish, distribute, broadcast, create derivative works from, make, use, import, offer to sell, sell, and otherwise transfer all copyrights, inventions, and other intellectual property rights in the User Submissions you submit.

8. Restrictions on Use of the Site

The use of web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Site is prohibited; provided, however, that general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent.

In your use of the Site, you shall not post, transmit or submit any confidential, false, unlawful, infringing, threatening, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law.  You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site.  You may not post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Site.

Lutonix believes in children’s online safety and does not wish to receive information regarding minors. Therefore, you may not post or transmit any personally identifiable information of a minor or information sufficient to locate a minor on or through the Site.

9. Links to and From the Site

This Site may contain hyperlinks to web sites that are not operated by Lutonix. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked web sites before you use them.  These hyperlinks are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party web sites or any association with their operators. Lutonix neither controls these web sites nor monitors the accuracy of their content, and is not responsible for their performance or content. Your use of other web sites is subject to the terms of use of those web sites, including the privacy policies of those web sites, and you access and use these web sites solely at your own risk. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and Lutonix is not responsible for any loss or damage of any sort you may incur from dealing with any third party. Third party web sites may contain information about uses of products that have not been approved or cleared by the U.S. Food and Drug Administration. Lutonix does not endorse the off-label use of any of our products.

If you do not have another agreement with Lutonix, you may link or hyper-link to the home page (and no other page) of the Site from your web site, subject to the following: (1) you may not frame the Site or any portion of the Site; (2) you are authorized to link only to the home page, and not to any other page in the Site; (3) you will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (4) the link must be identified using a plain text rendering of the Lutonix name and not any Lutonix logo; (5) you may not use the link in any way that suggests that Lutonix is associated with or endorses you or your web site, without Lutonix’s prior written consent; (6) the link may not appear on any web site that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Lutonix or damages its reputation and goodwill; and (7) we may terminate your right to link to the Site at any time for any reason or no reason.

10. Privacy Policy

Our Privacy Policy describes the information Lutonix collects when you and others use this Site. It also describes how Lutonix uses any personal information you share with it. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy. Please click here to review our Privacy Policy.

11. DISCLAIMER OF WARRANTIES

ALL INFORMATION ON THIS SITE IS PROVIDED “AS IS,” AND LUTONIX MAKES NO REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, OR OTHERWISE, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THE SITE.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LUTONIX SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, LUTONIX DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.  YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. LUTONIX MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SITE, OR ANY PRODUCTS OR SERVICES OFFERED OR REFERRED TO, ON THIS SITE FOR ANY PURPOSE.  THE FOREGOING DISCLAIMER SHALL NOT APPLY TO ANY FRAUDULENT MISREPRESENTATIONS MADE BY LUTONIX ON OR THROUGH THE SITE. LUTONIX SHALL NOT KNOWINGLY MAKE ANY SUCH MATERIAL MISREPRESENTATIONS.

12. LIMITATION OF LIABILITY

EXCEPT IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL LUTONIX OR ANY PERSON OR COMPANY ASSOCIATED WITH LUTONIX BE LIABLE TO YOU NOR WILL YOU BE LIABLE TO LUTONIX FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES (HOWEVER ARISING, INCLUDING AS A RESULT OF NEGLIGENCE) NOR FOR DEATH OR PERSONAL INJURY WHICH HAS BEEN CAUSED OTHER THAN BY OUR NEGLIGENCE (AS SUCH TERM IS USED IN THE UNFAIR CONTRACT TERMS ACT 1977 (U.K.)) NOR FOR ANY DAMAGES RESULTING FROM LOST PROFITS, LOSS OF REVENUE, BUSINESS, OR OPPORTUNITY, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO OR FROM THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   EXCEPT IN RELATION TO DAMAGES CAUSED BY BREACH OF CONTRACT OR NEGLIGENCE, THE MAXIMUM LIABILITY OF LUTONIX TO YOU OR OF YOU TO LUTONIX IN RELATION TO THE USE OF THE SITE SHALL BE EQUAL TO THE TOTAL AGGREGATE AMOUNT PAID BY YOU TO LUTONIX OR TO ITS DISTRIBUTOR OR AGENT FOR GOODS AND SERVICES RELATING TO THE SITE, WHICH YOU PURCHASED WITHIN THE 12 MONTH PERIOD BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY.  IN RELATION TO USERS OF THE SITE WHO HAVE THEIR MAIN PLACE OF RESIDENCE OR PLACE OF BUSINESS IN THE UNITED KINGDOM, THE LIMITATIONS ON LIABILITY SET OUT IN THIS PARAGRAPH ABOVE SHALL NOT APPLY IN RELATION TO ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING OUT OF NEGLIGENCE NOR TO ANY LIABILITY FOR FRAUD.  THIS LIMITATION IS FOR THE BENEFIT OF LUTONIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS SUPPLIERS MENTIONED ON THIS WEB SITE.  NOTHING IN THIS LEGAL NOTICE SHALL EXCLUDE OR LIMIT LUTONIX’S LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnification

You agree to indemnify, defend and hold harmless Lutonix, its officers, directors, employees, agents, affiliates, shareholders, licensors and suppliers from and against any claims, losses, demands, liability, expenses, damages, costs and attorney’s fees resulting from your misuse of the Site, including but not limited to any violation of these Terms, or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account; from any transaction you conduct as a result of the contact facilitated by the Site; or from your infringement of any intellectual property rights in any posting to or transmission via the Site.

14. Severability

If at any time any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not impact the legality, validity or enforceability in that jurisdiction or any other jurisdiction of any other provision of these Terms.

15. Assignment

Lutonix may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign your rights and responsibilities in connection with these Terms without the prior written consent of Lutonix.

16. Applicable Laws

This Site is controlled and operated from the United States of America. You may not access, download, use or export the Site or the Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. The laws of the State of Minnesota will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. By using this Site, you agree that the only proper jurisdiction and venue for any dispute with Lutonix or its officers, directors, employees, agents, affiliates, shareholders, licensors and suppliers in any way relating to this Site or your use of this Site is in the federal and state courts of Hennepin County, Minnesota. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute with Lutonix.

Lutonix makes no representations that materials on the Site or Lutonix’s products are appropriate or available for use in other locations. Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products over the Web. Nothing herein should be construed as a solicitation or promotion for any product that is not authorized by the laws and regulations of the country where the viewer resides.

Last revised: August 31, 2010.